2011 Ohio 6108
Ohio Ct. App.2011Background
- Sept. 13, 2010, burglary in progress reported at 1359 Wesleyan Road in Dayton, Ohio.
- Maroon Buick in driveway with the driver’s door open; Schooler sleeping in the front passenger seat.
- Officers pursued a burglary suspect inside the home while Schooler remained by the Buick.
- A plastic baggie containing a small amount of crack cocaine fell from Schooler’s possession during a confrontation.
- Forensic testing confirmed the substance as crack cocaine weighing 0.01 grams.
- Schooler was convicted by jury of possession of crack cocaine and sentenced to 12 months, to run concurrently with pending federal charges; driver’s license suspended for one year.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance of counsel claim | Schooler argues trial counsel failed to call Officer Sharp. | State argues no deficient performance shown; Sharp’s testimony would be speculative. | First assignment of error overruled. |
| Weight of the evidence/manifest weight challenge | Schooler contends the evidence shows he could not grasp the baggie. | State asserts evidence supports conviction and credibility determinations. | Second assignment of error overruled. |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (standard for manifest weight review and deferential to factfinder credibility)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (establishes two-prong ineffective-assistance standard)
- State v. Bradley, 42 Ohio St.3d 136 (Ohio 1989) (adopts Strickland standard in Ohio)