State v. Barnes, 2011 Ohio 2917

Barnes was indicted on two counts: domestic violence under R.C. 2919.25(A) with a furthermore specification for two prior DV offenses, and resisting arrest under R.C. 2921.33(A).
The incident occurred October 13, 2009, at Barnes's North Taylor Road apartment, where neighbors reported yelling and a female victim screaming.
Police arrived to find the victim bleeding with Barnes standing aggressively; the victim stated Barnes hit, slapped, and choked her, and she was distraught.
The victim’s sister testified to a bruise and that the victim had recanted certain matters; the victim herself later testified consistently to the assault.
The jury convicted Barnes of domestic violence, acquitted him of resisting arrest, and the trial court denied post-trial motions; Barnes received a two-year community control sanction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for DV	Barnes argues evidence fails to prove knowingly causing physical harm.	Barnes contends lack of direct eyewitness testimony and victim recantation undermines proof.	Sufficient evidence supports conviction; jury could infer knowingly causing physical harm.
Weight of the evidence	Evidence shows clear domestic-violence conduct and injury to victim.	Evidence is insufficient or undermined by inconsistencies and recantations.	Not against the manifest weight; record supports guilt after review of total evidence.
Effective assistance of counsel	Counsel failed to object timely to prior convictions, hearsay, and other issues.	Counsel adequately cross-examined and defended; stipulations limited probative value.	No ineffective assistance; counsel’s performance deemed reasonable and fair trial obtained.
New trial based on newly discovered evidence	Victim’s affidavit after verdict shows new evidence warranting new trial.	Evidence was known or recanted pre-trial; not newly discovered; recanted testimony suspect.	Court did not abuse discretion; no basis for new trial given the record and prior knowledge.

State v. Tenace, 109 Ohio St.3d 255 (2006-Ohio-2417) (standard for sufficiency of evidence mirrors Crim.R. 29)
State v. Logan, 60 Ohio St.2d 126 (1979) (mental state may be inferred from surrounding circumstances)
State v. Leonard, 104 Ohio St.3d 54 (2004-Ohio-6235) (weighing evidence and witness credibility in manifest weight review)
State v. Petro, 148 Ohio St.505 (1947) (newly discovered evidence standard for new trial)
State v. Calhoun, 86 Ohio St.3d 279 (1999-Ohio-102) (presumption of competence for defense counsel; standard for ineffectiveness)
State v. Perez, 124 Ohio St.3d 122 (2009-Ohio-6179) (burden on defendant to prove ineffective assistance)
State v. Trimble, 122 Ohio St.3d 297 (2009-Ohio-2961) (Strickland performance review and prejudice standard)