2011 Ohio 5830
Ohio Ct. App.2011Background
- Moore was charged in September 2010 with drug trafficking, possession of 10–25 grams of crack cocaine, and possession of criminal tools with forfeiture specifications.
- A jury found Moore guilty of possession of crack cocaine and acquitted him of trafficking and criminal tools.
- Evidence showed Moore seated in the front passenger seat of a stopped Chrysler Pacifica near a known crack house; police later found crack cocaine behind a floor panel.
- Detective Martin observed a male with a baggie near the driver’s window, yelled “vice,” and the vehicle was stopped about a mile away.
- Moore’s brother testified the crack belonged to him and that Lisa Adams picked him up; Adams allegedly did not know he had the drugs.
- The trial court sentenced Moore to seven years in prison, a $15,000 fine, and three years of mandatory postrelease control.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the conviction is against the manifest weight of the evidence | Moore (state) argues witnesses unreliable; drug ownership disputed by brother | Moore argues drugs belonged to Rashaondell; insufficient proof of Moore’s knowledge | Overruled; evidence supports Moore’s knowledge and control of contraband. |
| Whether the Howard deadlock instruction was proper | State argues court did not abuse discretion; no deadlock shown | Moore argues instruction coerced verdict and denied possibility of hung jury | Overruled; instruction found not improper under the circumstances. |
| Whether the constructive possession instruction was proper | State contends standard mirrors Hankerson and Chandler definitions | Moore argues instruction misstated possession law and counsel ineffective for not objecting | Overruled; trial court’s constructive possession instruction was accurate and not an abuse of discretion. |
| Whether trial counsel was ineffective for failure to object to the constructive possession instruction | State argues no deficient performance or prejudice | Moore contends defective instruction prejudiced defense | Overruled; no ineffective assistance shown. |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (standard for manifest weight review; beyond reasonable doubt)
- State v. Mason, 82 Ohio St.3d 144 (1998) (deadlocked juries; discretionary determination by trial court)
- State v. Brown, 100 Ohio St.3d 51 (2003) (no bright-line test for irreconcilable deadlock)
- State v. Robb, 88 Ohio St.3d 59 (2000) (Howard charge balancing and purpose)
- State v. Hankerson, 70 Ohio St.2d 87 (1982) (constructive possession requires knowledge and control)
- Allen v. United States, 164 U.S. 492 (1896) (statutory interpretation of possession principles)