State v. McClellan
2017 Ohio 4402
Ohio Ct. App.2017Background
- Levander McClellan was indicted for first-degree trafficking in cocaine after a controlled buy on Jan. 29, 2016; jury convicted and trial court sentenced him to nine years.
- The FBI used Cleveland Thomas as a confidential informant; agents equipped Thomas with recording devices, gave him $1,450, surveilled him to and from McClellan’s residence, and debriefed him after the transaction.
- Thomas returned an ounce of cocaine to agents; lab testing (Exhibit 2) showed a 27.96-gram cocaine mixture.
- Defense attacked procedures and witness credibility: alleged failures to record setup calls, incomplete searches, unphotographed/traced money not recovered, and Thomas’s motive to lie (reduced sentence).
- The jury viewed video of the transaction and heard testimony identifying McClellan as the seller; the court reviewed sufficiency and manifest-weight claims on appeal.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (McClellan) | Held |
|---|---|---|---|
| Whether the conviction was supported by sufficient evidence and not against the manifest weight of the evidence | Video, informant testimony, surveillance, and lab test showing 27.96 g (mixture) prove McClellan knowingly sold cocaine ≥27 g | Procedural flaws in the controlled-buy (missing recordings, incomplete searches, no recovery/photographs of money) and informant credibility undermine sufficiency and weight | Affirmed: evidence sufficient; not an exceptional case warranting reversal |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380, 678 N.E.2d 541 (standard and review for manifest-weight claims)
- State v. Jenks, 61 Ohio St.3d 259, 574 N.E.2d 492 (sufficiency-of-the-evidence standard)
- State v. Wilson, 113 Ohio St.3d 382, 865 N.E.2d 1264 (deference to factfinder on witness credibility)