State v. Burton

Citations

• 2019 Ohio 2431

Syllabus

Drug trafficking, sufficiency of evidence manifest weight of the evidence ineffective assistance of counsel motion to suppress. The state's evidence showing appellant constructively possessed the drugs found by the police in an attic appellant had keys to was sufficient for his convictions of the drug offenses and his convictions were not against the manifest weight of the evidence. Appellant's trial counsel did not provide ineffective assistance in not filing a motion to suppress the evidence because a motion to suppress would be premised on a legitimate expectation of privacy regarding the premises where the drugs were found and it would be incompatible with appellant's defense at trial — that he did not live or stay in the attic — should the trial court deny his motion to suppress and the case went to trial.