OPINION AND ORDER
ALGENON L. MARBLEY, District Judge.
On March 24, 2017, the Magistrate Judge issued a Report and Recommendation recommending that the instant petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 be dismissed. (Doc. 9.) Petitioner has filed an Objection to the Magistrate Judge's Report and Recommendation. (Doc. 10.) Pursuant to 28 U.S.C. § 636(b), this Court has conducted a de novo review. For the reasons that follow, Petitioner's Objection (Doc. 10) is
Petitioner challenges his convictions after a jury trial in the Delaware County Court of Common Pleas on possession of heroin and endangering children. He asserts that the evidence is constitutionally insufficient to sustain his conviction on possession of heroin and that it is against the manifest weight of the evidence (claims one and two); that the trial court improperly denied his request for a new trial based on improper admission of testimony by Trooper Brooks (claim three); and that the trial court committed reversible error when it denied his motion for a new trial and motion for judgment of acquittal (claim four). The Magistrate Judge recommended dismissal of Petitioner's claims on the merits. Petitioner objects to the Magistrate Judge's recommendation of dismissal of his claim that the evidence was constitutionally insufficient to sustain his conviction on possession of heroin.
Petitioner again argues that the State failed to establish that he had actual or constructive possession of heroin found at the scene of the crash, particularly since two persons from another vehicle assisted him in collecting his personal effects. Petitioner maintains that the evidence could equally indicate that the occupants of the other vehicle threw the drugs and other paraphernalia into the accident scene when they saw police arrive, or that these items were there prior to the time of the accident. Additionally, Petitioner complains that Officer Brooks testified that he found 19.452 grams of heroin, yet the jury found him guilty of only 10 grams of heroin.
State v. Koon, No. 15CA17, 2016 WL 527289, at *1 (Ohio App. 4
For these reasons and for the reasons as further detailed in the Magistrate Judge's Report and Recommendation, Petitioner's Objection (Doc. 10) is