State v. Butler, 2013 Ohio 5397

Butler convicted by jury of two counts of rape, kidnapping with a spec, and robbery; trial evidence included victim LR's testimony and DNA linking Butler to vaginal swabs, underwear, and semen stain; LR was 17 at the time of incident on February 4, 2010 in Columbus; LR described a knife-point abduction to an abandoned house, sexual assault, property taking, and a stab attempt; LR identified Butler after DNA and photo lineup; State sought concurrent sentences for rape/kidnapping and consecutive sentence for robbery counts; trial court sentenced to 15 years total; Butler appeals, challenging the weight of the evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the conviction is against the manifest weight of the evidence.	Butler contends LR’s inconsistent accounts undermine credibility.	Butler argues the inconsistent details show the verdict is contrary to the weight of the evidence.	No; convictions not against weight; credibility and DNA evidence sustain verdict.

State v. Cassell, 2010-Ohio-1881 (10th Dist. No. 08AP-1093 (2010)) (manifest weight review; credibility given deference to jury)
State v. Wilson, 2007-Ohio-2202 (Ohio Supreme Court (2007)) (weight of the evidence standard; thirteenth juror principle)
State v. Thompkins, 78 Ohio St.3d 380 (1997) (weighs credibility and evidence; exceptional case for reversal)
Tibbs v. Florida, 457 U.S. 31 (1982) (standard for manifest injustice review; Thirteenth juror concept)
State v. Martin, 20 Ohio App.3d 172 (1995) (credibility determination rests with jury; defer to verdict)
In re C.S., 2012-Ohio-2988 (10th Dist. No. 11AP-667) (inconsistencies do not automatically reverse)
Bailey, 2013-Ohio-3596 (10th Dist. No. 12AP-699) (appellate review gives deference to jury credibility determinations)