State v. Banks, 2011 Ohio 5671

Banks was convicted of burglary and amended misdemeanor theft after a bench trial in the Cuyahoga County Court of Common Pleas
The trial court found Banks guilty of burglary under R.C. 2911.12(A)(2) and theft under R.C. 2913.02(A)(1) and sentenced him to three years
The victim testified she closed a damaged downstairs exterior door; after Banks was later found inside, the door had been forced open
A bag containing the victim’s property and a fingerprint on a DVD linked Banks to the scene
The trial court weighed witness credibility and found Banks guilty based on circumstantial and physical evidence
Banks argues the evidence is insufficient and the verdict is against the manifest weight of the evidence

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether there was sufficient evidence to prove burglary	Banks contends no force/stealth/deception evidence	Banks asserts lack of entry force due to door condition	Sufficient evidence supported burglary conviction
Whether the convictions are against the manifest weight of the evidence	State argues credibility and evidentiary support support verdict	Banks claims inconsistent testimony and misvalued jewelry	Convictions not against the manifest weight of the evidence

State v. Bowden, 2009-Ohio-3598 (Ohio App. 8th Dist. 2009) (sufficiency standard applied to evidence review)
State v. Jenks, 61 Ohio St.3d 259 (1991) (clear framework for reviewing evidence; sufficiency standard)
State v. Thompkins, 78 Ohio St.3d 380 (1997) (manifest weight standard and deference to trier of fact)
State v. Thomas, 1982 (Ohio St.2d 79) (precedes on manifest weight standard definitions)
State v. DeHass, 10 Ohio St.2d 230 (1967) (witness credibility is primarily for the trier of fact)
State v. Wilson, 2007-Ohio-2202 (Ohio 8th Dist.) (demeanor and credibility of witnesses are for the trier of fact)