2019 Ohio 4513
Ohio Ct. App.2019Background:
- Thomas May, an inmate at Lebanon Correctional Institution; Kiara Dehostos (then fiancée, later wife) visited with two children.
- A corrections officer saw Kiara place her hand up her dress in the prison parking lot; a female prison employee retrieved a package from Kiara in the restroom containing 32 Suboxone strips (Schedule III).
- Records showed Kiara was scheduled to visit only May that day; May had sent her money and electronic messages (including coded language) shortly before the visit.
- May wrote letters apologizing and taking responsibility for having Kiara bring drugs; he was indicted under R.C. 2921.36(A)(2), tried by a jury, convicted, and sentenced to 18 months.
- May appealed raising three issues: admission of statements from a bond/bail investigation, admission of his letter over spousal privilege, and insufficiency/manifest-weight of the evidence.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of statements to probation investigator under Crim.R. 46(F) | Statements were not barred because they were not made at a bail proceeding and were biographical, not substantive evidence | Statements at bail proceedings are inadmissible under Crim.R. 46(F) | Court: Not a bail proceeding; answers were biographical and not substantive; admission not an abuse of discretion |
| Admission of letter to Kiara over spousal privilege (R.C. 2945.42) | Privilege does not bar introducing marital communications through non-testimonial means; letter is not spouse testimony | Letter is a protected marital communication and should be excluded | Court: Statute bars spouse testifying about communications; it does not bar admission of non-testimonial documents; admission proper |
| Sufficiency and manifest weight of the evidence to convict under R.C. 2921.36(A)(2) | Evidence (observation, recovered Suboxone, visit records, money transfer, coded messages, letters) supports conviction | Evidence insufficient and conviction against the weight of the evidence | Court: Viewing evidence for the prosecution, a rational juror could convict; weight review shows jury did not lose its way; conviction affirmed |
Key Cases Cited
- State v. Jones, 135 Ohio St.3d 10 (2012) (spousal privilege statute precludes a spouse from testifying to the other spouse's statements)
- State v. Perez, 124 Ohio St.3d 122 (2009) (marital-communication privilege does not bar introduction of communications through other means)
- State v. Jenks, 61 Ohio St.3d 259 (1991) (standard for reviewing sufficiency of the evidence)