Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Moreland

Court of Appeals of Ohio, Seventh District, Mahoning

December 29, 2017

STATE OF OHIO PLAINTIFF-APPELLEE
v.
SHUN MORELAND DEFENDANT-APPELLANT

         Criminal Appeal from the Court of Common Pleas, of Mahoning County, Ohio Case No. 15 CR 725

          For Plaintiff-Appellee Attorney Paul Gains Mahoning County Prosecutor Attorney Ralph Rivera Assistant Prosecutor.

          For Defendant-Appellant Attorney Cynthia Henry.

          Hon. Mary DeGenaro, Hon. Gene Donofrio, Hon. Carol Ann Robb., Judges.

          OPINION

          DEGENARO, J.

         {¶1} Defendant-Appellant, Shun Moreland, appeals the trial court's judgment convicting him of possession of cocaine and sentencing him accordingly. On appeal, Moreland argues that the trial court erred in denying his motion to suppress and failing to give curative instructions after a prejudicial statement. For the following reasons, his assignments of error are meritless and the judgment is affirmed.

         Facts and Procedural History

         {¶2} Moreland was indicted on charges of possession of cocaine, permitting drug abuse, and illegal use or possession of drug paraphernalia. The following testimony was given at a hearing on Moreland's motion to suppress.

         {¶3} Austintown Township Sergeant Chris Collins, testified that around 2:30 a.m. he stopped Moreland for speeding; radar detected his speed at 38 m.p.h in a 25 m.p.h zone. Moreland produced an identification card as opposed to a driver's license and when told by Austintown dispatch that Moreland's license was under two suspensions, Collins decided to arrest Moreland. A passenger, Dana Lawson, was making furtive movements and attempting to conceal something on her left hip area, which prompted Collins to call for assistance. Once assisting officer Brad McFadden arrived, he removed Moreland from the vehicle, and Collins removed Lawson.

         {¶4} Prior to removal, McFadden saw Moreland reach with his left hand into the front left pocket of his sweatshirt. McFadden drew his sidearm for officer safety. McFadden had Moreland exit and place his hands on the vehicle. He asked Moreland if he had any "guns, weapons, drugs, narcotics of any kind, any syringes, anything that would poke me, stab me, cut me." McFadden regularly asked this question "[f]or officer safety purposes. I didn't want to get stabbed or poked or cut myself." In response, McFadden testified that Moreland "stated that he had cocaine in his pocket." McFadden retrieved a plastic baggie containing cocaine and 82 empty plastic jewel bags from Moreland's left sweatshirt pocket.

         {¶5} The trial court denied the motion to suppress, and prior to trial the State filed a Nolle Prosequi for the permitting drug abuse and drug paraphernalia charges.

         {¶6} At a jury trial Collins, McFadden, and BCI Forensic Scientist Zach Dawson testified for the State. After the State rested, Moreland made a Criminal Rule 29 motion which was denied. The jury found Moreland guilty of possession of cocaine. Moreland was sentenced to 18 months in prison.

         Motion to Suppress Evidence

         {¶7} In his first of two assignments of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.