State v. Huber, 07-Ca-122 (4-3-2009)

OPINION

{¶ 1} On March 7, 2006, Joseph W. Huber (Appellant) was as caught with a suitcase brimming with thousands of narcotic pain-reliever and analgesic tablets-methadone, hydrocodone, oxycodone, fentanyl patches, and acetaminophen with codeine. He was convicted on five counts of controlled substance possession in back-to-back trials (Huber I, No. 06-CR-509, and Huber II, No. 06-CR-674). The prosecutor's misidentification of the fentanyl patches in the original indictment required the state to reindict Mr. Huber, prompting the second trial three months later. The two trials spawned two…