State v. McCollum
2015 Ohio 3286
Ohio Ct. App.2015Background
- Irvin owned gemstones and jewelry, shared living arrangements with her former husband and his son (appellant) in 2013.
- Appellant stored Irvin's jewelry in an upstairs closet at Irvin's home during May–August 2013.
- Irvin later found that pieces pawned by appellant were in pawn shops, leading to charges.
- Appellant was indicted on one count of theft and one count of receiving stolen property; he was convicted of receiving stolen property and acquitted of theft.
- Appellant’s Crim.R.29 motion challenged venue; the trial court denied; on appeal, venue was held proper in Clermont County; second assignment deemed moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Venue sufficiency beyond a reasonable doubt | State argued venue proven by case facts | McCollum argued venue not proven | Venue adequately established; no reversible plain error |
| Ineffective assistance for not objecting to venue | State venue was proper; no objection needed | McCollum ineffective for not challenging venue | Moot; no ineffectiveness found due to proper venue |
Key Cases Cited
- State v. Stone, 2008-Ohio-5671 (2008-Ohio-5671) (venue is a fact the state must prove beyond a reasonable doubt)
- State v. Lahmann, 2007-Ohio-1795 (2007-Ohio-1795) (venue can be established by circumstantial evidence and surrounding facts)
- State v. Lee, 2006-Ohio-6091 (2006-Ohio-6091) (venue proof may rely on surrounding testimony and circumstances)
- State v. Wilson, 2014-Ohio-1005 (2014-Ohio-1005) (address-based venue proof insufficient without context)
- State v. Hampton, 134 Ohio St.3d 447 (2012-Ohio-5688) (court emphasizes the state's burden to prove venue beyond a reasonable doubt)