State v. Morris
2011 Ohio 6594
Ohio Ct. App.2011Background
- Confidential informant provided information leading to a search warrant for Morris's home and curtilage.
- Police recovered crack cocaine inside Morris's home and a significantly larger quantity in a van parked in his driveway.
- Morris moved to suppress the evidence; the trial court denied the motion.
- A jury convicted Morris of possession of crack cocaine (3.2 g at home) and failed to reach verdicts on trafficking and possessing criminal tools; Morris was sentenced to four years.
- On appeal, Morris assigns five errors, including suppression based on an allegedly deficient affidavit, curtilage search of the van, sufficiency/weight of the evidence, and juror misconduct; the court also addresses a mistrial issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the suppression denial proper given an allegedly defective affidavit? | Morris argues the affidavit lacked a signature page, rendering it incomplete and insufficient to establish probable cause. | State contends the record on appeal is incomplete and regularity is presumed; cannot review an incomplete affidavit. | Overruled; record deemed incomplete and regularity presumed. |
| Did the warrant authorize searching the driveway van as part of the curtilage? | Morris argues the van was not described and not within curtilage ownership. | State argues some courts extend curtilage to vehicles in a driveway; Morris denied ownership but ownership is not dispositive. | Overruled; trial court could reasonably conclude Morris had no exclusive ownership claim and curtilage could include the van. |
| Was there sufficient evidence to convict Morris of possession of cocaine in the van? | State presented evidence of Morris’s possession of the van and cocaine inside it. | Morris contends ownership/control was not proven beyond a reasonable doubt. | Sustained; evidence viewed in light most favorable to the State supported possession. |
| Was Morris’s conviction for possession of cocaine against the manifest weight of the evidence? | Prosecution proved Morris had possession of the van and the cocaine inside. | Morris argues the weight favors innocence due to shared access to the van. | Overruled; the record supported the jury’s finding of possession. |
| Did juror misconduct constitute reversible error requiring mistrial? | Juror 8 spoke with Morris, potentially biasing deliberations. | Trial court questioned credibility; no prejudice found. | Overruled; no abuse of discretion in denying mistrial. |
Key Cases Cited
- State v. Gates, 2011-Ohio-5631 (9th Dist. No. 25435 (Ohio 2011)) (incomplete record; presumption of regularity when record is incomplete)
- Rakas v. Illinois, 439 U.S. 128 (U.S. 1978) (Fourth Amendment rights are personal; lack of ownership defeats challenge)
- State v. Parker, 2006-Ohio-4866 (9th Dist. No. 22979) (possession considerations; keys to vehicle indicate control)
- Owens, 2007-Ohio-49 (9th Dist. No. 23267) (constructive possession via control factors)
- State v. Frashuer, 2010-Ohio-634 (9th Dist. No. 24769) (Crim.R. 29 de novo standard for sufficiency review)
- Jenks, 61 Ohio St.3d 259 (1991) (credibility and reasonable inferences in sufficiency review)
- State v. Herring, 94 Ohio St.3d 246 (Ohio 2002) (abuse-of-discretion standard for juror misconduct)
- State v. Carter, 1994-Ohio-57 (Ohio Sup. Ct.) (standing to challenge search based on privacy interests)