Appeal denied for Salem man in drug case
LISBON — An appellate court disagreed with a Salem drug defendant’s attempt to challenge the denial of his motion to suppress evidence in his case, affirming the judgment of the trial court.
Ronald Middleton Jr., 57, West Pidgeon Road, filed the appeal earlier this year with the Seventh District Court of Appeals in Youngstown. With the judgment of Columbiana County Common Pleas Court Judge Scott Washam affirmed, Middleton was ordered to pay the $100 fine that had been delayed pending the appeal.
“In his sole assignment of error, Middleton claims the trial court erred in denying his motions to suppress evidence. Specifically, Middleton claims the affidavit was insufficient, there was a lack of probable cause, and the search warrant was over broad. We disagree with his arguments,” the recent decision said.
On Feb. 28, Middleton was fined $100 after pleading no contest and being found guilty of an amended charge of illegal use or possession of drug paraphernalia. He was originally charged with third-degree felony possession of marijuana.
A charge of aggravated possession of drugs, a fifth-degree felony, and specifications for forfeiture of money in a drug case were dismissed. Middleton was originally accused of possessing methamphetamine, $415 and marijuana in an amount equal to or exceeding 1,000 grams, but less than 5,000 grams on Aug. 24, 2021 during a search of his residence.
A supplemental motion to suppress was overuled in the case on Feb. 8 and a previous challenge to the search warrant had been dismissed on June 1, 2023. The supplemental motion to suppress was filed in July, claiming the warrant did not specifically identity marijuana as an item to be seized. Washam found the search warrant was proper and noted it specified any and all controlled substances. Washam noted marijuana was a controlled substance in 2021.
He had ruled on June 1, 2023 that the agent who filed the affidavit to secure the warrant had probable cause. Middleton had tried to claim that information used in the affidavit relating to his past criminal history was false.
“Middleton has not presented any evidence that the affidavit contains any false or purposeful misrepresentation of information,” the decision said.