reversal for trial error in Ohio

2023“When evaluating an assignment of error challenging the sufficiency of the evidence, a reviewing court must consider all evidence admitted at trial, including the improperly admitted evidence that was the source of the reversal for trial error.” State v. Gideon, 165 Ohio St.3d 156 , 2020-Ohio-6961 , 176 N.E.3d 720, ¶ 29 , citing State v. Brewer, 121 Ohio St.3d 202 , 2009-Ohio-593 , 903 N.E.2d 284, ¶ 24-26 . {¶ 52} Therefore, we hold that, when viewed in a light most favorable to the prosecution, appellant’s established occupancy and frequent use of 2110 Airport Highway, the discovery of torn b

2023“When evaluating an assignment of error challenging the sufficiency of the evidence, a reviewing court must consider all evidence admitted at trial, including the improperly admitted evidence that was the source of the reversal for trial error.” State v. Gideon, 165 Ohio St.3d 156 , 2020-Ohio-6961 , 176 N.E.3d 720, ¶ 29 , citing State v. Brewer, 121 Ohio St.3d 202 , 2009-Ohio-593 , 903 N.E.2d 284, ¶ 24-26 . {¶ 52} Therefore, we hold that, when viewed in a light most favorable to the prosecution, appellant’s established occupancy and frequent use of 2110 Airport Highway, the discovery of torn b

2026Therefore, “appellate courts ‘must consider all of the evidence that was admitted by the trial court, without consideration of whether any of that evidence should have been excluded.’” State v. Bansobeza, 2025-Ohio-2704, ¶ 27 (2d Dist.), quoting State v. Blevins, 2011-Ohio-381 , ¶ 7 (2d Dist.), citing Brewer. {¶ 25} Because we must consider evidence that was improperly admitted when reviewing a sufficiency-of-the-evidence claim, Sweeney’s sufficiency claim lacks merit given that it is based solely on the improper admission of the BCI laboratory report.

2024State v. Devaughn, 2020-Ohio-651, ¶ 19 (1st Dist.). {¶64} Relevant here, R.C. 2925.03(A)(2) prohibits a person from knowingly transporting, delivering, preparing for distribution, or distributing a controlled substance, when the offender knows or has reason to know the controlled substance is intended for sale or resale by the offender. {¶65} Jones argues that the evidence failed to establish that the drugs found in the safe were his.

2018This is because, unlike a finding that the government failed to affirmatively prove its case, a reversal based on trial error simply means that the defendant "has been convicted through a *156 judicial process which is defective in some fundamental respect." Brewer at ¶ 18, quoting Lockhart at 40, 109 S.Ct. 285 (cleaned up). {¶ 12} Thus, the question for us is whether the Eleventh District's reversal of Giordano's conviction constituted a reversal for insufficiency of the evidence or whether it was more akin to a reversal for trial error.