2022 Ohio 2380
Ohio Ct. App.2022Background
- Raymond Altman was indicted on one count of felony domestic violence (R.C. 2919.25(A)) after an incident at his mother Angelia White’s home in May 2021; police were summoned after witnesses observed an altercation.
- Witnesses White, her fiancé Jason Green, and sister Sheree McCall testified Altman tackled, punched, and choked White; police officers and a 9-1-1 dispatcher corroborated a response and observed injuries.
- Altman testified he was attacked by White with a baseball bat, disputed being asked to leave, and denied striking her.
- A jury convicted Altman; he was sentenced to 18 months’ imprisonment and appealed, arguing insufficiency of the evidence and that the verdict was against the manifest weight of the evidence.
- The court reviewed legal standards for sufficiency and manifest weight, assessed witness credibility and inconsistencies, and affirmed the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to convict for domestic violence | State: testimony and photographic evidence, if believed, proved elements beyond a reasonable doubt | Altman: primarily testimonial evidence; lack of other physical evidence; alternate account (bat, self-defense) | Affirmed — evidence sufficient when viewed in light most favorable to prosecution |
| Manifest weight of the evidence / witness credibility | State: jury was entitled to credit victim and eyewitness testimony; minor inconsistencies do not overturn verdict | Altman: inconsistencies in White’s testimony (timing, statements about bat) and credibility issues require acquittal or new trial | Affirmed — jury’s credibility determinations reasonable; verdict not a miscarriage of justice |
Key Cases Cited
- State v. Jenks, 61 Ohio St.3d 259 (1991) (articulates the standard for reviewing sufficiency of the evidence)
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (distinguishes sufficiency review from manifest-weight review)
- State v. DeHass, 10 Ohio St.2d 230 (1967) (trial court and jury are primary lieutenants for assessing witness credibility)