2013 Ohio 965
Ohio Ct. App.2013Background
- Strozier was convicted of possession of cocaine (less than one gram-crack), a fifth-degree felony, following a February 3, 2011 incident in Dayton, Ohio.
- Detectives surveilled a drug house at 505 Adelite Ave.; Strozier and a friend exited after 1–2 minutes; Strozier clutched his hand and dropped a baggie containing about 0.2 grams of crack cocaine.
- A motion in limine to exclude his prior felony convictions was denied.
- A mistrial occurred after the first trial; a second trial resulted in conviction on February 13–15, 2012; sentencing followed on March 27, 2012 (nine months’ imprisonment, six months license suspension, potential three years post-release control).
- Strozier did not object to the admission of prior convictions at trial, and the court gave a limiting instruction; appellate review issues focus on whether admission was plain error and waiver.
- The appellate court affirmed the trial court’s judgment, holding the assignment of error overruled and addressing waiver and plain error considerations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of prior felonies for impeachment | Strozier argues Rule 609(B) permits but balance should favor exclusion due to prejudice. | Strozier contends probative value outweighed by prejudice, confusion, or mislead jury. | Overruled; evidence upheld under waiver/plain error review. |
Key Cases Cited
- State v. Maurer, 15 Ohio St.3d 239, 473 N.E.2d 768 (1984) (waiver when no objection to trial evidence; motion in limine insufficient to preserve issues)
- State v. Short, 129 Ohio St.3d 360, 2011-Ohio-3641, 952 N.E.2d 1121 (2011) (failure to object preserves issues; plain error standard noted)