State v. Walker
2016 Ohio 3499
Ohio Ct. App.2016Background
- Devin J. Walker was indicted on three counts of trafficking (heroin and oxycodone) with specifications that the offenses occurred in the vicinity of a juvenile and involved forfeitable property; jury convicted on all counts and specifications.
- Police were summoned by resident Crystal Dayton, who showed officers a pair of khaki cargo pants containing plastic bags of drugs and two cell phones; Dayton identified the pants as belonging to a man she knew as "Moes."
- Walker arrived at the residence with a 16‑year‑old female; officers immediately arrested him at the door. No drugs were found on his person; cash, a paystub, and identification linked to an alias were in his possession.
- Forensic testing: heroin and multiple oxycodone pills were identified; DNA mixtures from the pants and bags could not exclude Walker but included multiple contributors; phone data included messages and videos suggesting drug activity.
- Trial jury found Walker guilty; trial court merged two counts for sentencing and imposed an aggregate 15‑year sentence. Walker appealed, raising insufficiency as to the juvenile‑vicinity specifications and three ineffective‑assistance claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for trafficking convictions | State: physical evidence (drugs in pants), DNA linking Walker to pants/baggies, phones, cash, messages show trafficking | Walker: challenges sufficiency of proof and connection to juvenile specification | Convictions for trafficking upheld as supported by evidence; juvenile‑vicinity specifications reversed for insufficiency |
| Sufficiency of evidence for juvenile‑vicinity specification | State: juvenile (16) was within 100 feet when Walker arrived, so offense occurred in juvenile's vicinity | Walker: was arrested immediately; no trafficking act occurred while juvenile was within 100 feet | Court: mere intent or presence is insufficient; no evidence the trafficking conduct occurred in juvenile's vicinity — specification reversed |
| Counsel ineffective for failing to challenge DNA evidence | Walker: counsel should have undermined DNA proof tying him to pants/baggies | State: other independent evidence (Dayton ID, photo, phone material, cash) supported jury verdict | Court: no substantial violation or prejudice shown; claim overruled |
| Counsel ineffective for failing to move to suppress warrantless arrest and for admitting hearsay | Walker: arrest lacked probable cause; hearsay implicating planned pickup was admitted | State: officers had probable cause to arrest based on drugs in pants, ID as "Moes," and circumstances; hearsay did not affect outcome | Court: probable cause supported arrest (motion to suppress unlikely to succeed); hearsay did not prejudice result — claims overruled |
Key Cases Cited
- State v. Blanton, 48 N.E.3d 1018 (Ohio Ct. App. 2015) (standard for sufficiency review)
- State v. Hester, 341 N.E.2d 304 (Ohio 1976) (effective‑assistance inquiry whether defendant had a fair trial)
- State v. Lytle, 358 N.E.2d 623 (Ohio 1976) (two‑step ineffective assistance analysis: performance and prejudice)
- Vaughn v. Maxwell, 209 N.E.2d 164 (Ohio 1965) (presumption that licensed counsel is competent)
- State v. Calhoun, 714 N.E.2d 905 (Ohio 1999) (discussion of burden in ineffective‑assistance claims)
- State v. Anaya, 947 N.E.2d 212 (Ohio Ct. App. 2010) (failure to prove either prong of ineffective‑assistance test is fatal)