State v. Osler, 2011 Ohio 3219

Defendant Eric Osler was indicted November 30, 2009 on one count each of trafficking in crack cocaine (felony of the fifth degree), possession of crack cocaine (felony of the second degree), and possession of marijuana (minor misdemeanor).
Trial occurred March 24, 2010, with witnesses Conley, Dunlap, Pettigrew, Wells, Sherman, and Johnson; a bag of crack cocaine was allegedly thrown onto the ground by Osler at Dunlap’s boarding house.
Pettigrew was subpoenaed but did not appear; Sherman testified about Pettigrew’s statements but the court ruled on hearsay objections, and such testimony was not proffered.
Jury found Osler guilty of trafficking and possession of crack cocaine and of possession of marijuana; sentencing imposed an aggregate term of 4 years, 11 months.
Appellant assigns error on hearsay admissibility under Evid. R. 804(B)(3), manifest weight/sufficiency concerning crack cocaine convictions, and manifest weight/sufficiency concerning marijuana conviction.
Court of Appeals affirmed the crack offenses, reversed and remanded on the marijuana issue, and remanded for further proceedings consistent with the memorandum opinion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Hearsay admissibility of Pettigrew statements (804(B)(3))	Osler	Osler	Overruled
Crack cocaine trafficking conviction against weight of the evidence	Osler	Osler	Not against weight/sufficiency
Possession of marijuana conviction against weight of the evidence	Osler	Osler	Against weight; sustained

State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (standard for proof beyond a reasonable doubt; weight/sufficiency framework)
State v. Jenks, 61 Ohio St.3d 259 (Ohio 1990) (fingerprint of sufficiency review; circumstantial evidence)
State v. DeHass, 10 Ohio St.2d 230 (Ohio 1967) (credibility and weight of evidence for trial court review)
State v. Grubb, 28 Ohio St.3d 199 (Ohio 1986) (preservation and review of evidentiary objections)