State v. Morgan
2012 Ohio 4937
Ohio Ct. App.2012Background
- Appellant Walter Morgan was convicted after a jury trial of drug possession (over 25 grams but under 100 grams of crack cocaine), tampering with evidence, and failure to comply with police, with trafficking verdict and possession verdict corrected in the process.
- The charges stemmed from a December 2010 incident where a Ford Focus loaned to Morgan was observed speeding, a throw-out of a crack-cocaine package, and subsequent pursuit by CMHA and other officers.
- Officer Wohlheter identified Morgan as the driver after a high-speed chase and Morgan was later located and charged on December 22, 2010, with four counts in the Cuyahoga County Court of Common Pleas.
- During trial, the court amended Count 4 (failure to obey) to a lesser included offense of failure to comply; the jury later found Morgan not guilty of drug trafficking and guilty of drug possession, tampering, and failure to comply.
- The jury submitted questions requesting the admitted police report; the court denied admission and did not provide the report to the jury, and a Howard instruction was later given after the jury indicated deadlock.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the exclusion of the police report as substantive evidence was plain error | Morgan | Morgan | No plain error; evidence properly excluded due to lack of proper foundation |
| Whether giving a Howard charge after deadlock was improper coercion or permitted | Morgan | Morgan | Proper discretion; not plain error given prolonged deadlock and non-coercive balanced instruction |
| Whether amending jury instructions and correcting the verdict form affected deliberations | Morgan | Morgan | No plain error; instructions were correct and minor clerical error did not affect impasse |
| Whether the trial court’s responses to jury questions and evidentiary rulings were reversible errors | Morgan | Morgan | No reversible error; responses and evidentiary rulings were proper given record |
Key Cases Cited
- State v. Howard, 42 Ohio St.3d 18 (1989) (Howard harmless beyond reasonable doubt for deadlocked juries)
- State v. Tichon, 102 Ohio App.3d 758 (9th Dist.1995) (plain error standard and necessity to show outcome would differ)
- State v. Waddell, 75 Ohio St.3d 163 (1996) (plain error requires fundamental injustice)
- State v. Phillips, 74 Ohio St.3d 72 (1995) (utmost caution in recognizing plain error)
- State v. Theuring, 46 Ohio App.3d 152 (1st Dist.1988) (foundation requirements for prior statements under Evid.R. 613)
- State v. Gapen, 104 Ohio St.3d 358 (2004) (discretionary determination of deadlock for Howard instruction)
- State v. Brown, 100 Ohio St.3d 51 (2003) (deadlock considerations as discretionary)
- Arizona v. Washington, 434 U.S. 497 (1978) (context for juror unanimity and voir dire on deadlock)