State v. Taylor

May 10, 2007
Case / Citation: State v. Taylor

Chip Miller, KMK Attorney, Wins Reversal from the Ohio Supreme Court

Charles Miller, a Keating Muething & Klekamp (KMK) attorney, won a reversal from the Ohio Supreme Court. In a 6-1 decision written by Chief Justice Thomas J. Moyer, the Supreme Court agreed with Miller’s argument that an attempted possession of illegal drugs is a drug-abuse offense, and is subject to the mandatory sentencing provisions set forth for drug-abuse offenses.

Mr. Miller was appointed to represent Jomo K. Taylor before the Supreme Court. Taylor entered a plea agreement where he pleaded guilty to several drug crimes including attempted possession of crack cocaine in an amount greater than 25 grams but less than 100 grams, a felony of the second degree. Taylor was sentenced to five years of incarceration.

Taylor appealed his conviction and sentence to the 2nd District Court of Appeals. The 2nd District reaffirmed a previous holding that the offense of attempting to commit a drug offense is a separate offense under the law and is not subject to the mandatory prison-term requirement imposed for an actual, completed drug offense under R.C. 2925.11. The 2nd District certified that its decision was in conflict with a ruling of the 6th District in a similar case, and the Supreme Court agreed to review the case to resolve the conflict between districts. The Supreme Court then asked Miller to represent Taylor.

Miller convinced the Court that because the Ohio Revised Code definition of “drug-abuse offense” includes attempted drug-abuse offenses, the two crimes should be sentenced under the same framework. Miller also noted that the attempt statute, R.C. 2923.02, specifically references the drug-abuse sentencing structure. Miller overcame the State's argument that Taylor's attempted possession conviction should be sentenced under the state's general sentencing framework and that an attempted crime is not the same as a completed offense. As a result of Miller’s work, Taylor’s conviction was reversed.

Mr. Miller’s practice is concentrated in litigation. He has experience in appeals, class actions, product liability, financial services, insurance coverage, and personal injury litigation. Mr. Miller has also developed expertise in Banking Regulation. Prior to joining Keating Muething & Klekamp, Mr. Miller served as a law clerk to the Honorable Justice Maureen O’Connor, Supreme Court of Ohio (2003-2005) and as a litigation associate at Gallagher, Sharp, Fulton & Norman in Cleveland, Ohio (2002-2003). Mr. Miller regularly returns to the Ohio Supreme Court as counsel for appellate litigants. In 2007 alone, Mr. Miller participated in two merit cases orally argued before the court.

KMK, a full-service Cincinnati law firm, was founded in 1954. We have approximately 100 lawyers and a support staff of more than 150 employees. For more than 50 years, we have contributed to the success of many businesses from Fortune 500 corporations and small start-up companies to non-profit organizations and government entities. Our mission is to provide high quality legal counsel to clients by meeting their identified needs and developing appropriate solutions. Our vision is to excel as a law firm by recruiting and retaining the highest quality attorneys and personnel with diverse social, ethnic and political backgrounds.

KMK Legal Contact:  Charles M. Miller, Partner, 513.579.6967, cmiller@kmklaw.com