State v. Kinn

Citations

• 2020 Ohio 512

Syllabus

The trial court did not err in overruling appellant's motion to suppress drug evidence discovered during a traffic stop. Although the trial court erroneously excluded certain testimony at the suppression hearing on hearsay grounds, the error was harmless because it did not prejudice appellant. In addition, the ineffective assistance of counsel claims raised by appellant lack merit because appellant failed to establish any resulting prejudice from trial counsel's alleged deficient performance. Appellant's claim that the trial court erred in overruling his motion to suppress because the State failed to present evidence of proper venue at the suppression hearing also lacks merit. Proper venue was not at issue during the suppression hearing, as the purpose of such a hearing was to determine the admissibility of evidence. Moreover, even if venue had been at issue, appellant waived any challenge to venue by entering a no contest plea. Furthermore, contrary to appellant's claim otherwise, venue was sufficiently established by the testimony and evidence presented at the suppression hearing. Judgments affirmed.