Drug charge upheld by appeals court

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The Ohio Sixth District Court of Appeals has upheld the conviction of a man for drug possession following a traffic stop in Lake Township in December, 2021.
Dwight Ballard was convicted in Wood County Common Pleas Court of aggravated drug possession and sentenced to six to nine years in prison.
Ballard appealed the ruling, arguing the trial court abused its discretion by denying his motion for a mistrial.
He maintained he was denied his right to a fair trial by the prosecution’s improper cross-examination of his girl friend regarding a prior drug conviction of his. The prosecution countered that the defense raised the issue when his girl friend testified – while being questioned by his defense attorney – she had no knowledge of Ballard ever possessing or distributing illegal substances.
The common pleas court agreed with the prosecution.
Ballard’s appeal also notes the prosecution’s cross-examination of his girl friend about his prior conviction was improper because they were not a couple at the time. However, the appeals court ruled there was nothing in the rules of evidence that limited the prosecution’s cross-examination of the girl friend to Ballard’s conduct after they had an established relationship.
“Accordingly, Ballard has not demonstrated that the court abused its discretion in denying his motion for a mistrial or that he was denied his due process right to a fair trial,” the appeals court ruled.
The trial court found Ballard guilty of aggravated possession of drugs, a second degree felony, but he was found not guilty of aggravated trafficking, a first degree felony.
The charges stemmed from a traffic stop on Dec. 30, 2021 where police found a plastic bag of unmarked pills and cash in Ballard’s coat pocket. After being indicted by a Wood County grand jury, he pled not guilty to the charges.
The township police officer testified he saw a white Jeep with an expired registration sticker while on patrol and initiated a stop and smelled burnt marijuana as he approached the vehicle. The officer also determined Ballard didn’t have a valid driver’s license.