State v. Williams, 2011 Ohio 4488

Police executed a search of 1574 Manchester Road in Akron on December 12, 2007, finding Williams and three others along with crack cocaine, powder cocaine, scales, paraphernalia, marijuana roaches, a marijuana grinder, and marijuana leaves.
Williams was indicted on trafficking in cocaine, two counts of possession of cocaine, possession of criminal tools, and possession of marijuana.
At trial, the jury convicted Williams on two cocaine possession counts; the remaining charges were acquitted; Williams was sentenced to 30 months in prison, suspended, and placed on two years of community control.
Williams challenges the conviction on two fronts: insufficiency of the evidence and the verdict being against the weight of the evidence.
The state contends there was sufficient evidence to convict, while Williams argues his own testimony renders the State’s evidence unconvincing; the trial court’s rulings on the sufficiency/weight issues are reviewed on appeal.
The appellate court held that the evidence was not insufficient and not against the manifest weight; credibility issues go to weight, not sufficiency, and the jury did not clearly lose its way.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for possession	State contends there was sufficient evidence to prove possession.	Williams contends the State failed to prove ownership/possession beyond a reasonable doubt.	Not satisfied; evidence supports possession conviction.
Manifest weight of the evidence	State argues the jury could reasonably credit its witnesses over Williams.	Williams asserts the verdict conflicts with the weight of the evidence.	Convictions not against the weight; no manifest miscarriage of justice.

State v. Kobi, 122 Ohio App.3d.160 (1997) (constructive possession may be proven by circumstantial evidence)
State v. Lamb, 2007-Ohio-5107 (Ohio) (sufficiency and weight considerations; residence and proximity evidence)
State v. Jenks, 61 Ohio St.3d 259 (1991) (concept of sufficiency and appellate review of circumstantial evidence)
State v. Owens, 2007-Ohio-49 (Ohio) (constructive possession analysis; proximity to contraband)
State v. Otten, 33 Ohio App.3d 339 (1986) (standard for reviewing manifest weight of the evidence)
State v. Crowe, 2005-Ohio-4082 (Ohio) (appellate review of conflicting testimony; thirteenth juror concept)