2020 Ohio 953
Ohio Ct. App.2020Background
- July 17–18, 2017: Mark Tope was found unresponsive in his brother Leland Tope’s basement; emergency responders pronounced Mark dead shortly after arriving.
- Leland admitted buying a bulk material he believed to be heroin and giving Mark one gelatin-capsule dose; he told deputies other capsules were flushed. An empty capsule tested positive for heroin residue, though the sample was too small to rule out other substances.
- Autopsy/forensic testing identified acute intoxication by carfentanil, fentanyl, fluorobutyrylfentanyl, and ethanol; coroners testified carfentanil is extremely potent and even traces can be lethal.
- Indictment charged Leland with involuntary manslaughter (based on trafficking), trafficking in heroin, possession of heroin, and evidence tampering; he was convicted of involuntary manslaughter and trafficking/possession (possession merged) after a second trial and sentenced to concurrent prison terms.
- Procedural note: Leland’s first trial date was continued from June to August 2018 (State moved due to the Montgomery County Coroner’s unavailability); Leland later appealed on (1) sufficiency of evidence for involuntary manslaughter and (2) a speedy-trial violation under R.C. 2945.71.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for involuntary manslaughter (proximate causation) | State: Circumstantial evidence can show the drug Leland supplied proximately caused death; trafficking conviction does not require the material actually be heroin if the defendant believed it was. | Tope: Trafficking predicate must be the same controlled substance that caused death (he contends autopsy showed carfentanil, not heroin). | Held: Affirmed. Jury could reasonably infer the material Leland supplied contained a lethal trace of carfentanil; trafficking culpability does not require the substance actually be heroin. |
| Speedy-trial violation from continuance beyond 270 days | State: Coroner (key witness) was unavailable; a reasonable continuance for a necessary prosecution witness tolled speedy-trial time. | Tope: Continuance exceeded statutory speedy-trial limit without a tolled event attributable to him or otherwise reasonable/necessary. | Held: Affirmed. Trial court did not abuse discretion; coroner unavailability provided good cause and a reasonable basis to extend the trial date. |
Key Cases Cited
- State v. Smith, 80 Ohio St.3d 89 (1997) (explains the legal standard for sufficiency of the evidence review)
- State v. Jenks, 61 Ohio St.3d 259 (1991) (sets the standard for reviewing sufficiency: evidence viewed in light most favorable to the prosecution)
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (distinguishes sufficiency from manifest-weight review)
- State v. Chandler, 109 Ohio St.3d 223 (2006) (a defendant can be convicted for offering to sell a controlled substance based on belief about the substance even if the actual composition differs)
- State v. Heinish, 50 Ohio St.3d 231 (1990) (circumstantial evidence has same probative value as direct evidence)
- State v. Myers, 97 Ohio St.3d 335 (2002) (trial-court continuance findings must affirmatively demonstrate necessity and reasonableness)
- State v. Butcher, 27 Ohio St.3d 28 (1986) (once defendant makes prima facie speedy-trial claim, burden shifts to State to show tolling under R.C. 2945.72)
- State v. Singer, 50 Ohio St.2d 103 (1977) (continues discussion of continuance review and speedy-trial principles)