Grafton v. Ortiz
2016 Ohio 7539
| Ohio Ct. App. | 2016Background
- Ortiz (landlord) and Yager (tenant) had a 15-year friendship and rental disputes; on March 23, 2014 they had a heated confrontation at Yager’s residence.
- Yager testified Ortiz grabbed and choked her briefly, leaving red marks and throat pain; her friend Cichocki corroborated seeing red marks.
- Ortiz denied choking Yager, claimed Yager grabbed her first and the contact was accidental; Ortiz initially pled no contest but withdrew the plea and proceeded to trial.
- Sergeant Jake interviewed both parties; he did not observe neck redness when he spoke to Yager (after delay), and Ortiz admitted she may have come into contact with Yager’s neck during the altercation.
- The Elyria Municipal Court convicted Ortiz of misdemeanor assault; sentence included a fine, suspended jail term, and two years’ probation.
- Ortiz appealed, arguing the conviction was against the manifest weight of the evidence; the Ninth District Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ortiz’s conviction is against the manifest weight of the evidence | State: Yager and Cichocki’s testimony that Ortiz choked Yager and left red neck marks supports assault conviction | Ortiz: evidence is unreliable—Sergeant Jake saw no marks; Cichocki had motive to lie; Yager embellished details; contact was accidental or provoked | Court affirmed: credibility disputes resolved against Ortiz; not an exceptional case to overturn; conviction not against manifest weight |
Key Cases Cited
- State v. Otten, 33 Ohio App.3d 339 (9th Dist. 1986) (sets standard for manifest-weight review)
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (appellate court as “thirteenth juror” when reviewing manifest-weight claims)
- Tibbs v. Florida, 457 U.S. 31 (1982) (discusses appellate role in weighing conflicting evidence)