FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
SUMMIT, OHIO CASE No. CR 2015 05 1532B
KOTNIK, Attorney at Law, for Appellant.
LUDWIG, Attorney at Law, for Appellant.
BEVAN WALSH, Prosecuting Attorney, and HEAVEN DIMARTINO,
Assistant Prosecuting Attorney, for Appellee.
DECISION AND JOURNAL ENTRY
A. TEODOSIO JUDGE
Appellant, Terry Wade Hale, appeals from the denial of his
motion for a new trial in the Summit County Court of Common
Pleas. This Court affirms.
This Court previously summarized the underlying facts of this
case as follows:
The National Precursor Log Exchange ("NPLEx") is an
"electronic system for tracking sales of pseudoephedrine
products and ephedrine products on a national basis * *
*." RC. 3715.05(A)(6). While monitoring the NPLEx
live-time feed, a Brimfield police officer saw that Ms. Lisa
Herczec had just purchased products containing
pseudoephedrine from the Brimfield Walmart. The officer went
to the store's parking lot and watched Ms. Herczec exit
the store and join another man, later identified as R.S., by
a vehicle that appeared to be broken down. Ms. Herczec's
NPLEx purchase history showed that she had been purchasing a
lot of pseudoephedrine and that she associated with Mr. Hale,
who had prior methamphetamine-related activity. Mr. Hale also
had an active warrant for his arrest.
Mr. Hale soon appeared at the broken-down vehicle. Another
officer arrived and both officers approached the group
together. They detained Mr. Hale on his outstanding
warrant. Ms. Herczec initially told the officers that she
bought the pseudoephedrine for her allergies, but later
admitted that she bought it for Mr. Hale and said that he
was manufacturing methamphetamine at his house in Akron.
She provided the officers with Mr. Hale's address and
they notified Akron police. The agency with the active
warrant eventually informed Brimfield police that it did
not want to pick up Mr. Hale on the warrant, so all three
individuals were released and they waited for a ride in the
Walmart parking lot.
Meanwhile, based on the information from Brimfield
police, Akron police officers investigated and discovered an
active methamphetamine lab at Mr. Hale's residence. Akron
police then asked Brimfield police to arrest Mr. Hale and Ms.
Herczec. Upon execution of a search warrant for the
residence, officers discovered many items related to the
manufacture of methamphetamine.
State v. Hale, 9th Dist. Summit No. 28334,
2017-Ohio-7048, ¶ 2-4. After a jury trial, Mr. Hale was
convicted of illegal manufacture of drugs, illegal assembly
or possession of chemicals for the manufacture of drugs,
aggravated possession of drugs, and illegal use or possession
of drug paraphernalia. Id. at ¶ 5. The trial
court sentenced him to nine years in prison. Id. His
convictions were affirmed on appeal. Id. at ¶
After this Court affirmed his convictions and the Supreme
Court of Ohio declined to accept jurisdiction, see State
v. Hale, 152 Ohio St.3d 1489, 2018-Ohio-2154, the trial
court denied Mr. Hale's pending motion for a new trial.
Mr. Hale now appeals from the trial court's denial of his
motion for a new trial and raises three assignments of error
for this Court's review.