Background

• David Nelms was indicted in Delaware County on multiple counts including engaging in a pattern of corrupt activity, trafficking, possession of heroin, and prostitution-related offenses; many counts carried human trafficking specifications.
• Nelms moved to dismiss for lack of proper venue, arguing most alleged offenses occurred in Franklin County and only one occurred in Delaware County.
• The trial court denied the motion to dismiss; Nelms then pled no contest to engaging in a pattern of corrupt activity and possession of heroin; remaining counts and specifications were dismissed.
• The trial court convicted Nelms and sentenced him to an aggregate 12-year prison term; Nelms appealed asserting lack of subject-matter jurisdiction because the Delaware County grand jury lacked authority to indict crimes committed in Franklin County.
• The State argued venue was proper under Ohio R.C. 2901.12(H) because the offenses were part of a course of criminal conduct spanning jurisdictions (e.g., prostitution operations coordinated from Franklin County with hotel bookings and activity in Delaware County).
• The appellate court affirmed, concluding venue and the grand jury’s jurisdiction in Delaware County were proper under the course-of-criminal-conduct doctrine.

Issues

Key Cases Cited

• State v. Giffin, 62 Ohio App.3d 396 (1991) (venue for R.C. 2923.32 prosecution proper where part of corrupt activity or organization was based in the forum county)
• State v. Haddix, 93 Ohio App.3d 470 (1994) (discusses venue and related principles for multi-jurisdiction criminal activity)
• State v. Draggo, 65 Ohio St.2d 88 (1981) (elements of an offense are taken from the statute and must be proved by the prosecution)