State v. Bailey, 2012 Ohio 3274

Bailey was convicted in Montgomery County Common Pleas Court of Domestic Violence (R.C. 2919.25(A), first-degree misdemeanor due to prior offense) and Disrupting Public Services (R.C. 2909.04(A)(1), fourth-degree felony).
Trial was by bench; the court credited Mary Miller and Mark Miller, especially Mark, as credible witnesses.
Evidence showed Bailey punched his mother in the back or back of the head with a closed fist and tried to take her down to the ground while seeking the cell phone.
The household relied on a single cell phone; Bailey seized it and, outside the home, discarded it, where it was never recovered.
Bailey argued the evidence was insufficient to convict on both counts and that the convictions were against the manifest weight of the evidence.
The trial court sentenced Bailey to 16 months on Disrupting Public Services and 180 days on Domestic Violence, to be served concurrently.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Domestic Violence: sufficiency of the evidence	Bailey argues the State failed to prove he knowingly harmed a household member.	Bailey contends memory gaps and lack of corroboration negate sufficiency.	Sufficient evidence supported guilt.
Domestic Violence: weight of the evidence	Mark Miller’s testimony establishes essential elements; credibility supported.	Mother’s memory unreliability undermines weight.	Not against the manifest weight; credibility favors the State.
Disrupting Public Services: sufficiency of the evidence	Taking and disposing of the only cell phone interrupted or impaired public communications.	Bailey’s conduct does not necessarily meet the statute’s broad scope.	Sufficient evidence established a violation of R.C. 2909.04(A)(1).
Disrupting Public Services: weight of the evidence	Cell phone disposal left victim without telephone service; testimony credible.	Weight of the cell phone incident alone may be insufficient.	Not against the manifest weight; credible testimony supports conviction.

State v. Thomas, 2003-Ohio-5746 (2d Dist. Montgomery No. 19435) (presence of no other phone supports disruption)
State v. Robinson, 2009-Ohio-5937 (Supreme Court) (substantial impairment of emergency communications)
State v. Bedford, 2010-Ohio-3577 (9th Dist. Summit Nos. 25048, 25066) (distinguishes when other phones are available)
State v. Jenks, 61 Ohio St.3d 259 (1991) (established standard for sufficiency review)
State v. Parrish, 2006-Ohio-4161 (2d Dist. Montgomery) (deference to trial court credibility determinations)