State v. Stigall, 2015 Ohio 137

Warrants executed at appellant Stigall's residence on Sept. 5 and Oct. 17, 2013, leading to drug recoveries.
Appellant was indicted on multiple counts: two cocaine possession, two cocaine trafficking near a school, one heroin possession, one heroin trafficking.
Appellant pled not guilty and a suppression motion was denied after a hearing.
A jury trial began February 24, 2014, resulting in convictions on one cocaine possession, one cocaine trafficking near a school, and one heroin possession.
Sentencing occurred March 18, 2014, with a total term of 28 months.
Appellant’s counsel filed an Anders brief proposing two potential assignments of error, prompting the court to conduct a full merits review.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether recklessness is required for the "vicinity of a school" offense	Stigall (State) asserts recklessness required prior to amendment.	Stigall contends recklessness must be the mental state for school vicinity.	No; strict liability applies to the school vicinity statute.
Whether the verdict was supported by sufficient evidence and not against the manifest weight	State asserts substantial evidence supports guilt.	Stigall argues inconsistent testimony undermines verdict.	Verdict supported by substantial evidence and not against the manifest weight.

State v. Lozier, 101 Ohio St.3d 161 (Ohio Supreme Court 2004) (vicinity of a school requires recklessness; vicinity of a juvenile is strict liability)
State v. Davis, 2008-Ohio-2927 (Ohio appellate court 2008) (amended statute for school vicinity mirrors juvenile provision)
State v. Eley, 56 Ohio St.2d 169 (Ohio Supreme Court 1979) (establishes standard for reviewing sufficiency of evidence)
State v. DeHass, 10 Ohio St.2d 230 (Ohio Supreme Court 196 once) (credibility of witnesses is for the trier of fact)
Anders v. California, 386 U.S. 738 (U.S. Supreme Court 1967) (frivolous-brief withdrawal procedure for counsel)