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Appeal denied for Salem man in drug case | News, Sports, Jobs
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Appeal denied for Salem man in drug case | News, Sports, Jobs

LISBON – An appeals court disagreed with a Salem drug defendant’s attempt to challenge the denial of his motion to suppress evidence in his case, upholding the trial court’s ruling.

Ronald Middleton Jr., 57, West Pidgeon Road, filed the appeal earlier this year in the 7th District Court of Appeals in Youngstown.

With the ruling by Columbiana County Common Pleas Court Judge Scott Washam, Middleton was ordered to pay a $100 fine that was stayed pending appeal.

“In his sole assignment of error, Middleton contends that 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 overbroad. We do not agree with his arguments.” the recent decision said.

On February 28, Middleton was fined $100 after pleading no contest to an amended charge of unlawful use or possession of drug paraphernalia. He was originally charged with third-degree possession of marijuana.

Charges of aggravated drug possession, a fifth-degree felony, and specifications for forfeiture of money in a drug case were dismissed. Middleton was originally charged with possession of methamphetamine, $415, and possession of marijuana in an amount equal to or greater than 1,000 grams but less than 5,000 grams on August 24, 2021, during a search of his home.

A supplemental motion to suppress was denied in the case on February 8, and an earlier challenge to the search warrant was denied on June 1, 2023. The supplemental motion to suppress was filed in July, arguing that the warrant did not specifically identify marijuana as being an object to be seized.

Washam found the search warrant to be adequate and noted that it specified all controlled substances. Washam noted that marijuana was a controlled substance in 2021.

He had ruled on June 1, 2023 that the agent who submitted the affidavit to secure the warrant had probable cause. Middleton had tried to claim that the information used in the affidavit about his past criminal record was false.

“Middleton has presented no evidence that the affidavit contains any false or intentional misrepresentation of information.” the decision said.