Brooklyn v. Perna, 2012 Ohio 265

Perna appeals his conviction for one count of domestic violence in Parma Municipal Court.
The City of Brooklyn charged Perna under R.C. 2919.25(A) after J.P. sustained a soft-tissue injury.
The incident occurred September 25, 2011; Perna supervised his 13-year-old daughter and her friend for a day that wasn’t a scheduled parenting day.
J.P. testified Perna threw her on a couch and blocked her mouth during a discipline incident; she suffered no lasting injuries.
Perna argued the act was proper and reasonable parental discipline; the trial court nevertheless found him guilty after a bench trial.
The appellate court vacated Perna’s conviction, concluding the evidence was insufficient to prove domestic violence and ordered discharge and costs, with a mandate issued to execute the judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence was sufficient to prove domestic violence	City: evidence supports guilt beyond a reasonable doubt	Perna: conduct was proper parental discipline and not DV	Insufficient evidence; conviction vacated
Whether the trial court abused its discretion in denying acquittal	City: standard supports denial of acquittal	Perna: no substantial evidence of DV	Error to deny acquittal; conviction vacated

State v. Bridgeman, 55 Ohio St.2d 261 (Ohio 1978) (sufficiency review standard for criminal convictions)
State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (sufficiency test: whether evidence could convince the average mind beyond a reasonable doubt)
State v. Suchomski, 58 Ohio St.3d 74 (Ohio 1991) (discipline must be proper and reasonable under totality of circumstances)
State v. Snyder, 8th Dist. No. 94755, 2011-Ohio-1062 (Ohio 2011) (parental discipline may be permissible if not excessive)
State v. Ivey, 98 Ohio App.3d 249 (Ohio App.3d 1994) (limits on punitive disciplinary actions by parents)
State v. Adaranijo, 153 Ohio App.3d 266 (Ohio App.3d 2003) (requires consideration of totality of circumstances in DV analysis)