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State v. Bostwick
2011 Ohio 3671
Ohio Ct. App.
2011
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Background

  • Bostwick was stopped for a license and registration check after Trooper Lewis determined the tags belonged to a different vehicle.
  • A syringe was found in the cruiser area after Bostwick requested the headlights be turned off; no license was in his possession.
  • Trooper Lewis searched the truck and recovered items (two starting-fluid cans with holes, gas cans, tubing, brass fittings, broken mason jar) used in methamphetamine production.
  • Detective Koch, an expert on meth production, linked the recovered items to the Nazi method of meth manufacture prevalent in Southern Ohio.
  • Bostwick was indicted for Illegal Possession of Chemicals for the Manufacture of Drugs (R.C. 2925.041(A)/(C)); the jury found him guilty of Assembly or Possession of Chemicals Used to Manufacture Controlled Substance with Intent to Manufacture Controlled Substance.
  • He challenges the sufficiency/weight of evidence and claims ineffective assistance of counsel for not moving to suppress.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the conviction is supported by sufficient evidence and not against the weight of the evidence State contends substantial evidence shows possession/intent via Nazi-method items Bostwick argues no proof of possession/intent Conviction supported; not against weight or sufficiency.
Whether trial counsel was ineffective for not filing a suppression motion State contends suppression would have failed; no prejudice to defense Bostwick asserts failure to suppress harmed due process No ineffective assistance; probable cause supported search.

Key Cases Cited

  • State v. Creech, 188 Ohio App.3d 513 (2010-Ohio-2553) (relevance of evidence tied to chemicals in Nazi method)
  • State v. DeHass, 10 Ohio St.2d 230 (1967) (credibility and weight of witness testimony for juries)
  • State v. Eskridge, 38 Ohio St.3d 56 (1988) (weight vs. sufficiency; standard of review for manifest weight)
  • State v. Norman, 2009-Ohio-5458 (Ohio Ct. App.) (ineffective assistance framework; Strickland standard applied)
Read the full case

Case Details

Case Name: State v. Bostwick
Court Name: Ohio Court of Appeals
Date Published: Jul 21, 2011
Citation: 2011 Ohio 3671
Docket Number: 10CA3382
Court Abbreviation: Ohio Ct. App.