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State v. Brown
2014 Ohio 5043
Ohio Ct. App.
2014
Read the full case

Background

  • Brown was convicted by a trial judge of two counts of gross sexual imposition in Franklin County (C.P.C. No. 12CR-3945).
  • The incident occurred July 29, 2012 in T.M.'s home, where she testified Brown touched her breasts and vaginal area and grabbed her arm.
  • T.M. testified Brown forcibly touched her and used force; a bruise on her arm was photographed as evidence.
  • Brown testified he did not touch her sexually and that she punched him when he tried to hug her; he suggested possible epilepsy-related factors.
  • The trial court sentenced Brown to 17 months on each count, concurrently, and classified him as a Tier I sexual offender.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the evidence is sufficient and not against the manifest weight Brown argues insufficiency and weight undermine guilt State contends evidence supports guilt beyond reasonable doubt Convictions supported by sufficient evidence and were not against the manifest weight

Key Cases Cited

  • State v. Cassell, 2010-Ohio-1881 (10th Dist. 2010) (sufficiency standard; proof beyond a reasonable doubt)
  • State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (establishes sufficiency review framework)
  • State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (standard for sufficiency after viewing evidence in prosecution's favor)
  • Rankin, 2011-Ohio-5131 (10th Dist. 2011) (credibility assessment and manifest weight review guidance)
  • Shedwick, 2012-Ohio-2270 (10th Dist. 2012) (trial court credibility findings afforded deference)
Read the full case

Case Details

Case Name: State v. Brown
Court Name: Ohio Court of Appeals
Date Published: Nov 13, 2014
Citation: 2014 Ohio 5043
Docket Number: 14AP-101
Court Abbreviation: Ohio Ct. App.