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