State v. Potee
2017 Ohio 2926
| Ohio Ct. App. | 2017Background
- On May 20, 2015 Jeremy Adkins purchased $20 worth of powder heroin (described as cream/white) after calling Michael Potee; Adkins and his wife Rachel Joslin returned to their Clermont County apartment and both used the drug; Adkins was later found dead and Joslin revived with Narcan.
- Autopsy identified acute combined heroin and fentanyl poisoning as the cause of Adkins’ death; fentanyl is a common cutting agent and increases overdose risk.
- Joslin identified Potee in a photo lineup with 95% confidence and at trial as the seller; phone records and texts between Adkins and Potee on the day corroborated communication and planning originating from the Clermont County apartment.
- Police executed a search warrant at Potee’s Hamilton County residence the day after the overdose, finding drug paraphernalia, a white work van, and a phone linked to the transaction; a bindle was recovered from the couple’s apartment.
- Indictment (amended) charged Potee with involuntary manslaughter, two counts of corrupting another with drugs, trafficking in heroin, and aggravated trafficking in fentanyl; the state alleged complicity and venue in Clermont County under R.C. 2901.12(H)(3).
- The jury found Potee guilty on all counts; court merged some counts and sentenced him to 15.5 years. Potee appealed raising venue/sufficiency/manifest-weight, improper admission of other-acts evidence, and ineffective assistance of counsel.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Potee) | Held |
|---|---|---|---|
| Venue: whether Clermont County was proper forum | Planning and phone arrangements occurred in Clermont County; chain of events (planning → sale in Hamilton → use in Clermont) establishes a course of criminal conduct under R.C. 2901.12(H)(3) | Physical exchange occurred in Hamilton County; no element of the offenses occurred in Clermont County so venue in Clermont is improper | Court: Venue proper in Clermont because planning and communications occurred there and the transaction/use were part of the same course of criminal conduct; instruction on multi-jurisdiction venue was not error |
| Sufficiency / Manifest weight of evidence (guilt for trafficking, corrupting another, involuntary manslaughter) | Evidence (eyewitness ID, texts/call logs, bindle, Narcan administration, autopsy showing heroin + fentanyl) suffices to show Potee knowingly sold/facilitated drugs causing serious harm and death | Evidence was circumstantial and inconsistent (conflicting testimony about who sold the drugs); state failed to prove Potee caused death or knew the drugs contained fentanyl | Court: Evidence sufficient and verdict not against manifest weight; Potee’s facilitation/complicity sufficed to support convictions including involuntary manslaughter (proximate causation and foreseeability established) |
| Admission of other-acts / propensity evidence (texts, $900 cash) | Evidence was responsive to lines of inquiry opened by defense about whether Potee’s phone/house indicated trafficking; questions were probative and permissible | Admission was improper character evidence in violation of Evid.R. 404(B) and prejudicial | Court: No abuse of discretion — defense opened the door by eliciting questions about trafficking indicators; objection waived and evidence admissible for the limited, probative purpose |
| Ineffective assistance of counsel | N/A (state not arguing ineffectiveness) | Trial counsel was unprepared on impeachment history, exhibit handling, and failed to prevent amendment to include complicity, prejudicing Potee | Court: Strickland not satisfied — defense performance not shown objectively deficient in a way that prejudiced outcome; assignment overruled |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (distinguishing sufficiency and weight of the evidence standards)
- State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (Jackson standard for sufficiency of the evidence under Ohio law)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard: whether any rational trier of fact could find guilt beyond a reasonable doubt)
- Tibbs v. Florida, 457 U.S. 31 (U.S. 1982) (relationship between sufficiency and weight of the evidence review)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong test for ineffective assistance of counsel)