2012 Ohio 806
Ohio Ct. App.2012Background
- Roche was convicted of criminal damaging in Cleveland Municipal Court after a bench trial in 2010.
- Bufford testified he heard a window shatter around 10 p.m. on Nov. 26, 2010, and later saw a rock cause damage to two apartment windows.
- Video surveillance from the apartment complex showed a person matching Roche’s build entering and exiting around the relevant time.
- D.R., a 14-year-old, testified he saw Roche with a rock and throw it at Bufford’s window.
- Roche presented two alibi witnesses (Barnes and Brookins) whose testimony conflicted with the state’s witnesses.
- The trial court sentenced Roche to 90 days in jail with all but one day suspended and one year of probation; Roche appeals alleging insufficiency and manifest weight issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to convict | City contends the evidence suffices to support conviction | Roche argues the evidence is insufficient to prove guilt | Conviction affirmed on sufficiency/weight grounds |
| Whether the conviction is against the manifest weight of the evidence | City maintains the weight supports the verdict | Roche asserts the verdict is against the weight of the evidence | Conviction not against the weight of the evidence; affirmed |
Key Cases Cited
- State v. McCrary, 2011-Ohio-3161 (10th Dist. No. 10AP-881 (2011)) (manifest weight analysis may subsume sufficiency)
- State v. Braxton, 2005-Ohio-2198 (10th Dist. No. 04AP–725 (2005)) (framework for manifest weight review)
- State v. Thompkins, 78 Ohio St.3d 380, 678 N.E.2d 541 (1997) (Ohio) (definition of manifest weight and credibility considerations)