State v. Rainey

2025 Ohio 2608
CourtOhio Court of Appeals
DecidedJuly 25, 2025
DocketC-240497
StatusPublished

This text of 2025 Ohio 2608 (State v. Rainey) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Rainey, 2025 Ohio 2608 (Ohio Ct. App. 2025).

Opinion

[Cite as State v. Rainey, 2025-Ohio-2608.]

IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO

STATE OF OHIO, : APPEAL NO. C-240497 TRIAL NO. B-2100811-B Plaintiff-Appellee, :

vs. :

MELOGRO RAINEY, : JUDGMENT ENTRY

Defendant-Appellant. :

This cause was heard upon the appeal, the record, and the briefs. The judgment of the trial court is affirmed for the reasons set forth in the Opinion filed this date. Further, the court holds that there were reasonable grounds for this appeal, allows no penalty, and orders that costs are taxed under App.R. 24. The court further orders that 1) a copy of this Judgment with a copy of the Opinion attached constitutes the mandate, and 2) the mandate be sent to the trial court for execution under App.R. 27.

To the clerk: Enter upon the journal of the court on 7/25/2025 per order of the court.

By:_______________________ Administrative Judge [Cite as State v. Rainey, 2025-Ohio-2608.]

IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO

STATE OF OHIO, : APPEAL NO. C-240497 TRIAL NO. B-2100811-B Plaintiff-Appellee, :

MELOGRO RAINEY, : OPINION

Criminal Appeal From: Hamilton County Court of Common Pleas

Judgment Appealed From Is: Affirmed

Date of Judgment Entry on Appeal: July 25, 2025

Connie M. Pillich, Hamilton County Prosecuting Attorney, and Jon Vogt, Assistant Prosecuting Attorney, for Plaintiff-Appellee,

Melogro Rainey, pro se. OHIO FIRST DISTRICT COURT OF APPEALS

BOCK, Judge.

{¶1} Defendant-appellant Melogro Rainey moved for leave to file a new-trial

motion under Crim.R. 33(B). After the Hamilton County Court of Common Pleas

denied his motion, Rainey appealed. Because Rainey failed to demonstrate that he was

unavoidably prevented from timely discovering the evidence upon which he now relies

to support his motion for a new trial, we affirm the lower court’s judgment.

I. Factual and Procedural History

{¶2} In 2021, Rainey was indicted, along with his codefendant Kendall Tye,

for various drug and weapon-related offenses. The State’s cases against Tye and

Rainey proceeded separately. Rainey opted to have his drug charges tried by a jury,

and during the trial, the following facts emerged.

{¶3} In 2020, the Cincinnati Police Department received complaints of drug

activity in the building located at 1842 Baltimore Avenue (“the building”). The police

began surveilling the building and, over that year, observed Rainey and Tye going into

and leaving the building, using a key to enter. On January 21, 2021, a neighborhood

video-surveillance camera captured Rainey and Tye using a key to enter the building

within ten minutes of each other. The men left the building at the same time, Tye on

foot and Rainey in a car. Police officers attempted to approach Tye, but after throwing

a bag he had been carrying, he fled on foot. The bag contained $50,000 and scales.

{¶4} That same day, police officers obtained a warrant to search the building.

Upon entering the building, officers saw that the kitchen counter was covered with

drugs and drug scales, and the kitchen table contained three guns. The officers

discovered numerous bags of different types of drugs, ammunition, and two more guns

in the kitchen cabinets and drawers. Finally, they found paperwork bearing Rainey’s

name: a 2020 dog license, signed by Rainey, for a dog that was chained at the building

3 OHIO FIRST DISTRICT COURT OF APPEALS

and organizational papers for limited liability companies owned by Rainey and Tye.

{¶5} Rainey’s defense at trial centered on the fact that although he may have

been in the building, the drugs belonged to Tye, not Rainey. In support, he presented

evidence showing that the police investigation had mainly focused on his codefendant,

Tye, and that no physical evidence, i.e., DNA, connected him to the drugs and drug-

processing equipment found in the building, but Tye’s DNA profile was on one drug

item found in the building.

{¶6} In November 2022, the jury returned guilty verdicts on each drug

offense. After the trial court had merged the drug offenses for purposes of sentencing,

Rainey stood convicted of five counts of drug trafficking. The trial court imposed an

aggregate term of 13 to 16-and-one-half years in prison. We affirmed Rainey’s

convictions on direct appeal. See State v. Rainey, 2023-Ohio-4666 (1st Dist.).

{¶7} After the jury found Rainey guilty but before his sentencing hearing, Tye

entered into a plea agreement with the State where he entered guilty pleas to two

counts of trafficking and one count of having a weapon while under a disability. The

trial court imposed the agreed sentence: five to seven-and-one-half years in prison.

{¶8} In March 2024, Rainey moved for leave to file a new-trial motion based

on newly-discovered evidence in the form of two affidavits from Tye confessing that

he alone owned and had control over the drugs and other contraband found in the

building. Rainey attached his own affidavit in support.

{¶9} Rainey attested that “soon after” he was convicted of drug trafficking,

he had asked “Tye to come forward with an affidavit, stating he owned and controlled

the drugs and related contraband from the January 21, 2021 seizure, and that, as we

knew, I had nothing to do with it.” Rainey explained that Tye was hesitant to confess

because he was unsure how it would impact his plea agreement with the State and his

4 OHIO FIRST DISTRICT COURT OF APPEALS

ability to earn good-time credit while in prison. Finally, Rainey attested that in late

2023, he learned that Tye would sign an affidavit confessing to owning and having

control over the contraband in the building.

{¶10} In Tye’s two affidavits, he attested that Rainey had come to the building

on January 21, 2021, “to check on his truck getting repaired, and to find tools he

needed for his job.” Tye testified that there was no way that Rainey knew about any

drugs in the building or saw any, because he “kept them [the drugs/contraband] hid

in an area of space he will not pass by . . . nor could [Rainey] know what was there just

by looking.” Finally, Tye testified that although Rainey had contacted him in early

2023 to sign an affidavit confessing to owning and having control over the drugs found

in the building, he did not do so until February 2024 because he was concerned that

his confession would impact his plea agreement with the State and his ability to earn

good-time credit in prison. Tye testified that he signed the affidavit after consulting

with his “case manager.”

{¶11} The trial court denied the motion for leave, finding that Rainey had not

been unavoidably prevented from discovering the new evidence within the 120-day

period following the jury returning its verdicts. Specifically, the court noted that

“[w]hile it is clear from the information presented [in the] affidavits . . . that Mr.

Rainey was prevented from timely presenting this information, it is not however,

evident that Mr. Rainey was prevented from the timely discovery of the evidence.” In

other words, the common pleas court recognized that although Tye’s confession may

have been newly-available evidence, it was not newly-discovered evidence.

{¶12} Rainey now appeals, asserting in a single assignment of error that the

common pleas court erred by denying his Crim.R.

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Cite This Page — Counsel Stack

Bluebook (online)
2025 Ohio 2608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rainey-ohioctapp-2025.