State v. Hogue, 2018 Ohio 3887

Connie Hogue was tried for (1) illegal assembly/possession of chemicals to manufacture methamphetamine (R.C. 2925.041, third-degree felony) and (2) aggravated possession of drugs (methamphetamine, R.C. 2925.11, fifth-degree felony); one count and forfeiture spec were dismissed at trial.
Police stopped Hogue’s car after a Kroger pharmacist reported a passenger (Michael Heller) had purchased pseudoephedrine despite prior blocks; K-9 alert and search produced an unopened box of pseudoephedrine, an unopened pack of lithium batteries with a same-day Kroger receipt, and an aluminum can behind the driver’s seat with methamphetamine residue.
NPLEx (National Precursor Log Exchange) records showing prior purchases/blocks for both Hogue and Heller were admitted and used at trial; Heller testified he bought pseudoephedrine for Hogue in exchange for methamphetamine and that Hogue bought the batteries.
Hogue did not testify and presented no witnesses; defense argued the NPLEx evidence and purchase history were consistent with legitimate use and that the records were overly broad.
The jury convicted Hogue on the illegal-assembly and methamphetamine-possession counts; Hogue appealed, raising manifest-weight and evidentiary (NPLEx hearsay/plain error) claims.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Hogue)	Held
Whether convictions were against the manifest weight of the evidence	Circumstantial proof (NPLEx purchase pattern, on-scene pseudoephedrine and batteries, same-day receipt, meth residue in can behind driver, co-defendant’s testimony) established possession and intent to manufacture	State failed to prove foil/belonging and intent to manufacture; evidence consistent with legitimate use	Affirmed — weight of evidence supports convictions; not an exceptional case to reverse
Whether admission of NPLEx records was plain error/hearsay without foundation	Admission was proper and, in any event, defense relied on the records at trial; any error invited and waived	NPLEx admitted without proper hearsay foundation; plain error review warranted despite lack of objection	Affirmed — no plain error; defense invited use of NPLEx as part of trial strategy (invited error doctrine)

Eastley v. Volkman, 132 Ohio St.3d 328 (Ohio 2012) (standard for manifest-weight review; every reasonable intendment in favor of the verdict)
State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (circumstantial evidence has same probative value as direct evidence)
State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (manifest miscarriage of justice standard)
State v. Garner, 74 Ohio St.3d 49 (Ohio 1995) (intent inferred from surrounding facts; intent rarely provable by direct testimony)
State v. Hankerson, 70 Ohio St.2d 87 (Ohio 1982) (constructive possession requires dominion and control; consciousness of presence)
Xie v. State, 62 Ohio St.3d 521 (Ohio 1992) (abuse-of-discretion standard for evidentiary rulings)