Under Ohio law, attempting drug trafficking can constitute a misdemeanor of the first degree. See Ohio Rev. Code Ann. §§ 2923.02, 2925.03 (Banks-Baldwin 1995); State v. Cola, 603 N.E.2d 405 (Ohio Ct.App. 1992); In re Carver, 698 N.E.2d 151, 153 (Ohio Ct. Cl. 1997). However, under Ohio law, the government may convict one who offers to sell a controlled substance for aggravated drug trafficking, a felony offense which carries a presumption for a term of imprisonment.
Stare Decisis {¶ 26} Ferguson contends that the Court of Claims abused its discretion by failing to follow its previous judgments in In re Faris (1996), 85 Ohio Misc.2d 37, 684 N.E.2d 112, and In re Carver (1997), 91 Ohio Misc.2d 178, 698 N.E.2d 151, and in relying on the unreported decision of a three-commissioner panel in In re Sawyer (Jan. 20, 1995), Ct. of Cl. No. V93-61412, in determining Ferguson's claim. He asserts that the Court of Claims thereby violated the doctrine of stare decisis and former S.Ct.R.Rep.Op. 2 (1983), 3 Ohio St.3d xxi.
The only substantive evidence the Attorney General presented was Mrs. Ward's statement. See In re Carver (1997), 91 Ohio Misc. 2d 178 and In re Adams, V96-60191jud (7-24-98). Therefore, the June 5, 2006 decision of the Attorney General shall be reversed and the claim shall be remanded to the Attorney General for total economic loss calculations and decision.