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State v. Shepherd
2011 Ohio 2192
Ohio Ct. App.
2011
Read the full case

Background

  • Shepherd was convicted of possession of cocaine after a traffic stop in Scioto County, Ohio, on a record that included multiple drug-offense counts and a drug-forcing trial.
  • Before trial, Shepherd pled guilty to one count of misdemeanor possession of drugs related to a Klonopin pill found on him; other counts were resolved by the jury.
  • Teresa Mosley testified that the group—including Shepherd—traveled from Prestonsburg, Kentucky to Columbus to obtain cocaine, with Shepherd paying for it and possessing it during the ride.
  • Upon arrival, Mosley purchased cocaine with Shepherd’s money, and the group used cocaine before returning; they planned to dissolve it if stopped by police.
  • During the stop, Justice admitted to having cocaine on her person; troopers recovered an 8-gram bag of cocaine from her vagina, which lab analysis confirmed.
  • The defense argued Shepherd lacked actual knowledge or possession of the cocaine; the state argued Mosley’s testimony established his possession and use.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether conviction for possession of cocaine weighs against the evidence State argues Mosley’s testimony shows Shepherd knew of and possessed cocaine Shepherd contends there was no proof of knowl­edge or possession Conviction affirmed; substantial evidence supported possession

Key Cases Cited

  • State v. Puckett, 11 Ohio App.3d 0 (Ohio App.3d 2010) (credibility and weight review standards for manifest weight claims)
  • State v. Issa, 93 Ohio St.3d 49 (2001-Ohio-1290) (standard for manifest weight review; credibility matters)
  • State v. DeHass, 10 Ohio St.2d 230 (1967) (syllabus on appellate review of weight of evidence)
  • State v. Thompkins, 78 Ohio St.3d 380 (1997) (reaffirmed substantial-evidence standard in weight of evidence cases)
  • State v. Eley, 56 Ohio St.2d 169 (1978) (weight of evidence standard and credibility considerations)
  • Seasons Coal Co., Inc. v. Cleveland, 10 Ohio St.3d 77 (1984) (definitive articulation of the manifest weight standard)
Read the full case

Case Details

Case Name: State v. Shepherd
Court Name: Ohio Court of Appeals
Date Published: Apr 27, 2011
Citation: 2011 Ohio 2192
Docket Number: 10CA3374
Court Abbreviation: Ohio Ct. App.