State v. Sweeney

Citations

• 2026 Ohio 57

Syllabus

In this reopened appeal, the trial court committed plain error by admitting the laboratory report identifying the controlled substance allegedly possessed by appellant because the procedural requirements of R.C. 2925.51 to admit the report had not been satisfied. Appellant's claim regarding the sufficiency of the evidence lacks merit because all evidence admitted at trial, including improperly admitted evidence, must be considered in reviewing such a claim. Based on the resolution of appellant's claim regarding the lab report, his claim regarding the ineffective assistance of trial counsel is moot. The inadmissible lab report was essential to appellant's aggravated possession of drugs conviction, so prior appellate counsel rendered ineffective assistance in failing to challenge the report on appellant's direct appeal. Prior appellate judgment vacated. Trial court judgment reversed and remanded. (Huffman, J., dissenting.)