State v. Walker, 2021 Ohio 4321

Background

Columbus police investigated a Greenway Avenue house after citizen complaints and conducted spot checks and surveillances in February–March 2016 showing heavy short-term foot traffic consistent with drug sales.
Detective Gauthney arranged a confidential informant buy on March 28; police executed a no-knock warrant March 29 and recovered cocaine (small bags and residue), scales, microwave/"cooking" paraphernalia, video footage, and firearms.
Kitchen video from March 29 showed Walker, Dent, and Groce preparing, bagging, weighing, and selling what appeared to be crack cocaine and exchanging large sums of cash; other occupants were short-term visitors.
A jury convicted Walker of RICO (engaging in a pattern of corrupt activity), possession, manufacturing, and trafficking; the Tenth District previously reversed the RICO conviction for insufficiency of evidence on longevity.
The Ohio Supreme Court in State v. Dent reversed the Tenth District as to longevity and pattern sufficiency and remanded for consideration of issues the court had earlier deemed moot.
On remand this court addressed: whether the monetary-threshold element for RICO pattern convictions required $1,000 per incident or $1,000 total; prosecutorial closing remarks; ineffective-assistance claims about a continuity instruction; and merger of RICO with predicate offenses.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency: monetary threshold for RICO pattern	State: Only aggregate proceeds must exceed $1,000 for the pattern	Walker: Each corrupt-activity incident must exceed $1,000 (so pattern requires ≥ $2,000.02)	Court: Follows Sixth Dist. reasoning — statute requires each corrupt activity exceed $1,000; but evidence (≈$1,400 in cabinet + ≈$1,200 on a co-occupant) met two-instance threshold, so sufficiency upheld
Prosecutorial closing: expanded scope of RICO beyond indictment	State: Comments were reasonable inferences from surveillance and other evidence of ongoing operation	Walker: Prosecutor improperly broadened RICO to events beyond indicted video day and mischaracterized surveillance system	Court: No reversible misconduct; Dent had already held March 29 video (and other surveillance) showed longevity; remarks did not prejudice defendant
Ineffective assistance: failure to request continuity instruction	Walker: Counsel was deficient for not requesting an instruction requiring continuous activity for RICO	State: Continuity is not an element of R.C. 2923.32 and counsel was not deficient	Court: Denied — continuity instruction not required; no deficient performance or prejudice shown
Merger: RICO with predicate drug offenses	Walker: RICO conviction should merge with possession/manufacturing/trafficking	State: RICO is a separate offense addressing association/enterprise and does not merge with predicates	Court: Denied — RICO does not merge with its predicate offenses; separate punishments proper

Key Cases Cited

State v. Dent, 163 Ohio St.3d 390, 2020-Ohio-6670 (Ohio 2020) (Ohio Supreme Court reversed Tenth District on enterprise longevity and pattern sufficiency and remanded)
Boyle v. United States, 556 U.S. 938 (U.S. 2009) (association-in-fact enterprise framework referenced)
State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (sufficiency standard explained)
State v. Tenace, 109 Ohio St.3d 255 (Ohio 2006) (appellate sufficiency review principles)
Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two‑prong ineffective-assistance test)
State v. Miranda, 138 Ohio St.3d 184 (Ohio 2014) (RICO requires relationship and continuity; RICO conduct distinct from predicate acts)
State v. Ruff, 143 Ohio St.3d 114 (Ohio 2015) (allied-offenses/merger analysis framework)
Smith v. Phillips, 455 U.S. 209 (U.S. 1982) (due-process touchstone is trial fairness)
State v. Maurer, 15 Ohio St.3d 239 (Ohio 1984) (prosecutorial-misconduct reversal requires denial of fair trial)