2011 Ohio 2790
Ohio Ct. App.2011Background
- Indicted May 19, 2010 on kidnapping (felony), domestic violence (misdemeanor), intimidation of a crime victim (felony), and assault (misdemeanor).
- Waived jury trial; trial proceeded nonjury; acquittal granted on Counts 1, 3, 4 and conviction upheld on domestic violence (Count 2).
- Occurred Nov. 5, 2009: appellant grabbed Crosby by a scarf to prevent her from leaving; a teen witnessed; later, appellant threatened to kill Crosby if her mother were summoned.
- Nov. 11, 2009 Crosby gave voluntary statement; warrant issued for arrest based on interview.
- Conviction: domestic violence requires knowingly causing or attempting physical harm; appellant argued no evidence of knowledge or harm; court found sufficient evidence of attempted harm.
- Sentence: three months community control, 10 hours community service, $200 fine, anger management.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for domestic violence | Bolling: no proof of knowingly causing/attempting physical harm | State failed to prove knowledge or harm | Not merit; sufficient evidence established attempted harm |
| Weight of the evidence supporting domestic violence | Evidence not weighing heavily against conviction | Verdict not against the manifest weight | Not weighty enough to reverse; affirmed |
Key Cases Cited
- State v. Thompkins, 77 Ohio St.3d 380 (Ohio 1997) (distinguishes sufficiency vs. weight of the evidence; beyond a reasonable doubt standard)
- State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (established sufficiency review standard (rational trier of fact))
- State v. Martin, 20 Ohio App.3d 172 (Ohio App.3d 1983) (weight of evidence review; ‘thirteenth juror’ concept)
- State v. Mattison, 23 Ohio App.3d 10 (Ohio App.3d 1985) (manifest weight exception; presumption against reversal)
- State v. Nielsen, 66 Ohio App.3d 609 (Ohio App.3d 1990) (domestic violence can be established by minor injuries)
- State v. Blonski, 125 Ohio App.3d 103 (Ohio App.3d 1997) (domestic violence can be proven even without serious injury)
- Hamilton v. Cameron, 121 Ohio App.3d 445 (Ohio App.3d 1997) (attempts to commit physical harm can satisfy DV statute)