State v. Umstead, 2017 Ohio 8756

On Nov. 23–24, 2015, deputies investigated reports of pseudoephedrine purchases and observed a backyard fire at Matthew Umstead’s residence; used pseudoephedrine packs and an active meth lab were found in outbuildings.
During execution of a later search warrant, deputies found methamphetamine in a safe and a firearm in Umstead’s bedroom; Umstead was arrested and videotaped interview conducted.
Umstead was indicted on eight felony counts including illegal manufacture, possession, tampering with evidence, endangering children, having weapons while under disability (R.C. 2923.13(A)(2)), and multiple drug counts.
A jury convicted Umstead on all counts (acquitted on several firearm specifications); he was sentenced to 16½ years and appealed.
This Court previously affirmed. App.R. 26(B) reopening was granted limited to two issues: sufficiency of evidence for the weapons-under-disability conviction (prior felony) and trial counsel’s failure to challenge the State’s expert under Crim.R. 16(K). Appellate counsel filed an Anders brief seeking withdrawal.
The court independently reviewed the record, addressed the two narrowed claims (treated as ineffective-assistance claims), found them meritless, granted counsel’s Anders motion, and affirmed the conviction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of proof of prior felony to support weapons-under-disability	State relied on certified judgment entry and officer testimony identifying Umstead as the prior offender	Umstead argued the State proved only identical names and thus failed Lumpkin’s requirement to identify the defendant as the prior offender	Court held certified judgment plus officer identification and lack of defense proof was sufficient; claim overruled
Failure to disclose expert report under Crim.R. 16(K)	State says BCI/expert report was provided via web portal and disclosed in supplemental discovery	Umstead argued defense never received Laux’s written report, so counsel was ineffective for not moving to exclude her testimony	Court reviewed record, found disclosure shown in file and no merit to claim of ineffective assistance; claim overruled
Anders adequacy and request to withdraw	Appellate counsel filed Anders brief, moved to withdraw after record review	Umstead requested reopening and raised the two issues pro se as ineffective-assistance claims	Court found Anders requirements met, independently reviewed record, found appeal frivolous, granted withdrawal and affirmed judgment
Standard for reviewing insufficient-evidence claim	N/A (legal standard applied by State)	N/A (standard applied to claim)	Court applied Jenks: review evidence in light most favorable to prosecution and found elements proved

Jenks v. Ohio, 61 Ohio St.3d 259 (establishes the sufficiency-of-the-evidence standard)
Anders v. California, 386 U.S. 738 (requires counsel to file brief and allows withdrawal when appeal is frivolous)