Court of Appeals of Ohio, Fifth District, Ashland
from the Ashland County Court of Common Pleas, Case No.
Plaintiff-Appellee: CHRISTOPHER R. TUNNELL ASHLAND CO.
PROSECUTOR VICTOR R. PEREZ
Defendant-Appellant: BRIAN A. SMITH
JUDGES: Hon. Patricia A. Delaney, P.J. Hon. W. Scott Gwin, J.
Hon. William B. Hoffman, J.
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.
AND PROCEDURAL HISTORY
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
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.
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.
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].
Appellant was arrested on the indictment on July 26, 2016. He
remained incarcerated throughout these proceedings.
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.
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.
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,
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."
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.
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."
Also on October 26, 2016, appellee filed an objection to
appellant's motion to reduce bond.
On October 31, 2016, appellee filed a response in opposition
to appellant's motion to suppress.
On November 4, 2016, appellee filed a "Supplemental
Discovery #2 Certification" and a bill of particulars.
The discovery certification cites "Exhibits E -
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 ...