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State v. Morgan

Court of Appeals of Ohio, Fifth District, Ashland

December 18, 2017

STATE OF OHIO Plaintiff-Appellee
v.
RYAN S. MORGAN Defendant-Appellant

         Appeal from the Ashland County Court of Common Pleas, Case No. 16-CRI- 144

          For Plaintiff-Appellee: CHRISTOPHER R. TUNNELL ASHLAND CO. PROSECUTOR VICTOR R. PEREZ

          For Defendant-Appellant: BRIAN A. SMITH

          JUDGES: Hon. Patricia A. Delaney, P.J. Hon. W. Scott Gwin, J. Hon. William B. Hoffman, J.

          OPINION

          Delaney, P.J.

         {¶1} Appellant Ryan S. Morgan appeals from the March 24, 2017 Judgment Entry of the Ashland County Court of Common Pleas. Appellee is the state of Ohio.

         FACTS AND PROCEDURAL HISTORY

         {¶2} This case arose on April 2, 2016 around 4:00 a.m. when the Ashland Police Department (A.P.D.) received a call about a man yelling, screaming, and running down the middle of the road in the area of Cottage and West Fourth Street. While en route, a second call came in from a Taco Bell restaurant in the same area. An employee reported that a man walked up to the drive-through window and told workers he had been attacked.

         {¶3} Inferring the two incidents were related, Sgt. Bloodheart of the A.P.D. responded to the Taco Bell parking lot and encountered appellant, who said he had been asleep nearby at 606 ½ Cottage Street, his sister's house, when he was awoken by a "flurry of punches" and he fled the house. Appellant said he was living at his sister's residence. Bloodheart observed appellant to be highly paranoid and agitated. Appellant didn't know who attacked him and Bloodheart observed no physical injuries or other evidence corroborating the tale of the attack. Based upon his training and experience, Bloodheart believed appellant was under the influence of illegal drugs.

         {¶4} Officers brought appellant back to his sister's house and knocked on the door. When no one answered, appellant purportedly told officers he lived there and they could go in. Once inside, officers made contact with appellant's sister and her boyfriend. The boyfriend testified at the suppression hearing that he gave police permission to search the house. In the bedroom used by appellant, police found syringes, a razor blade with white residue on it, cotton swabs, and small Ziploc baggies. Inside a cologne box, they found a glass pipe containing white residue. Appellant admitted the syringes were his and said he used them to inject heroin. He denied use of methamphetamine and said his agitated behavior was due to anxiety.

         {¶5} Appellant was charged by indictment with one count of aggravated drug possession [methamphetamine] pursuant to R.C. 2925.11(A), a felony of the fifth degree [Count I]; one count of possession of drug abuse instruments pursuant to R.C. 2925.12(A), a misdemeanor of the second degree [Count II]; and one count of illegal use or possession of drug paraphernalia pursuant to R.C. 2925.14(C)(1), a misdemeanor of the fourth degree [Count III].

         {¶6} Appellant was arrested on the indictment on July 26, 2016. He remained incarcerated throughout these proceedings.

         {¶7} At a bond hearing on July 27, 2016, the trial court determined appellant was indigent and appointed trial counsel. Appellant was arraigned on July 29, 2016, and entered counseled pleas of not guilty.

         {¶8} Defense trial counsel filed a demand for discovery on August 11, 2016, and appellee entered a "Discovery Certification" on August 18, 2016, followed by a "Supplemental Certification" on August 22, 2016.

         {¶9} Defense trial counsel filed a motion to suppress on September 16, 2016. Also on that date, the parties filed a "Joint Pretrial Statement" noting a trial date of October 18, 2016.

         {¶10} On October 11, 2016, the trial court entered a judgment entry scheduling a hearing on appellant's motion to suppress on December 2, 2016, and vacating the trial date of October 18, noting "* * * speedy trial time in this case is tolled from the date of the filing of the Motion to Suppress pending a decision on the Defendant's Motion to Suppress."

         {¶11} On October 25, 2016, defense trial counsel filed a motion for bond reduction. Also on that date, defense trial counsel filed a demand for specific discovery, citing the "Ashland Police Division 911 CAD report/dispatch report and recording of radio traffic beginning April 2, 2016 upon the time of the call to law enforcement (approximately 04:04 hours) until the Defendant's arrest (approximately 05:55 hours), " and a request for bill of particulars.

         {¶12} On October 26, 2016, appellant filed a number of pro se motions, including an "Addendum to Discovery and Motion for Bill of Particulars"; a "Motion to Modify Bail (Hearing Requested) (Addendum)"; a "Request for Notice of Intent to Use Evidence"; an "Addendum for Motion to Suppress Evidence and Return Seized Property"; and a "Motion to Preserve Video/Audio Evidence."

         {¶13} Also on October 26, 2016, appellee filed an objection to appellant's motion to reduce bond.

         {¶14} On October 31, 2016, appellee filed a response in opposition to appellant's motion to suppress.

         {¶15} On November 4, 2016, appellee filed a "Supplemental Discovery #2 Certification" and a bill of particulars. The discovery certification cites "Exhibits E - F."[1]

         {¶16} On November 7, 2016, appellant filed a number of pro se motions, including a "Motion to Appoint Co-Council (sic), " a "Motion to Compel (Procure Legal Material), " a "Motion to Dismiss, " and a "Motion to Compel (Exculpatory ...


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