Summary
The Supreme Court of Ohio held that the mere presence of cocaine metabolites in a defendant’s body, without additional evidence, is insufficient to establish that the defendant possessed cocaine in the charging county. Because the state failed to prove venue in Seneca County beyond a reasonable doubt, the court reversed the appellate judgment and vacated the conviction.
Holdings
- The mere presence of cocaine metabolites in a person's body, without more, is insufficient to establish possession because the person no longer has control over the assimilated substance.
- The state failed to prove beyond a reasonable doubt that Foreman possessed cocaine, or committed an element of the offense, in Seneca County.
Questions Presented
- Whether the mere presence of cocaine metabolites in a person's body establishes that the person possessed cocaine under R.C. 2925.11 and R.C. 2925.01(K).
- Whether the state proved beyond a reasonable doubt that Foreman possessed cocaine, or committed an element of the offense, in Seneca County.
- Whether circumstantial evidence consisting of positive drug-test results, residence in Seneca County, birth there, and an admission of prior cocaine use was sufficient to establish venue.
Disposition
reversed
Cases Cited (24)
- State v. Headley, 6 Ohio St.3d 475, 453 N.E.2d 716 (1983)(followed)
- State v. Draggo, 65 Ohio St.2d 88, 418 N.E.2d 1343 (1981)(followed)
- State v. Hampton, 134 Ohio St.3d 447, 2012-Ohio-5688, 983 N.E.2d 324(followed)
- State v. Dickerson, 77 Ohio St. 34, 82 N.E. 969 (1907)(followed)
- State v. Nevius, 147 Ohio St. 263, 71 N.E.2d 258 (1947)(followed)
- State v. Eafford, 132 Ohio St.3d 159, 2012-Ohio-2224, 970 N.E.2d 891(followed)
- State v. Griffin, 220 Wis.2d 371, 584 N.W.2d 127 (1998)(persuasive)
- State v. Harris, 361 N.C. 400, 646 S.E.2d 526 (2007)(persuasive)
- State v. Montaño, 136 N.M. 144, 2004-NMCA-094, 95 P.3d 1059(persuasive)
- State v. Hornaday, 105 Wash.2d 120, 713 P.2d 71 (1986)(persuasive)
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Court Document
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