State v. Cain, 2016 Ohio 7460

Background

On June 8, 2013, A.B. visited a house owned by Irving Moss where defendant Edwin O. Cain (known as “Fast”) was present; during an argument A.B. says Cain pushed her off an interior balcony, causing a two‑story fall and serious injuries (broken leg and ribs).
A.B. was treated at Akron General; her medical records and testimony described significant, ongoing pain and hospitalization-level injury consistent with a fall from height.
Cain was indicted on felonious assault (R.C. 2903.11(A)(1)) with a repeat‑violent‑offender specification, carrying a concealed deadly weapon (R.C. 2923.12(A)(1)), and drug possession; jury convicted on all counts and the specification; sentenced to an eight‑year mandatory term for felonious assault/specification and concurrent six‑month terms for the other felonies.
Trial issues included (1) limitations on voir dire questioning and a court instruction about jurors “putting aside” personal experience; (2) sufficiency and weight of evidence for assault and concealed‑weapon counts; (3) alleged prosecutorial misconduct in closing argument; (4) sentencing errors including a no‑contact order imposed in addition to a prison term and failure to state certain R.C. 2929.19(B)(2)(f) requirements.
The appellate court affirmed convictions and most rulings but (a) sustained Cain’s challenge to the no‑contact order (vacating it) under State v. Anderson precedent and (b) remanded for further proceedings consistent with that limited reversal.

Issues

Issue	Plaintiff's Argument (State)	Defendant's Argument (Cain)	Held
Voir dire limitation / court instruction telling jurors to “put aside” personal experience	Instruction and limitation were proper; curative instruction clarified jury must apply law to courtroom evidence	Court’s statement and restriction on questioning were plain error and prejudicial	Overruled Cain’s claim: curative instruction adequate; no prejudice shown
Sufficiency of evidence for felonious assault & concealed weapon	Evidence (victim testimony, Moss’s observation, medical records, officer testimony about knife on bicycle) sufficed to prove elements beyond reasonable doubt	Evidence insufficient as to identity and inconsistencies in A.B.’s accounts; police report omission undermines weapon proof	Overruled Cain’s sufficiency challenge: viewing evidence in State’s favor, a rational juror could convict
Manifest weight of the evidence	Jury properly weighed credibility and inconsistencies; evidence supported convictions	Verdict was against manifest weight given victim’s inconsistent statements and gaps in police report	Overruled Cain’s weight challenge: not an exceptional case warranting reversal
Prosecutorial misconduct in closing argument	Any improper remarks were cured by repeated judicial admonitions; evidence independently supports verdict	Closing appeals to passion, disparages defendant, urges jury to “send a message” — denied fair trial; mistrial required	Overruled Cain’s mistrial motion: court’s curative instructions and strength of evidence rendered any error harmless
Sentencing: no‑contact order plus prison term	No separate argument; State conceded the point	No‑contact order imposed in addition to prison term violates Anderson (prison and community control are alternatives)	Sustained as to no‑contact order; that portion vacated and case remanded for further proceedings
Sentencing: failure to advise re R.C. 2929.19(B)(2)(f) (drug‑testing advisory)	Requirements relate to facilitating prison drug testing; omission is harmless	Trial court erred by not advising; raises claim of plain error	Overruled: appellate precedent treats this omission as harmless error
Ineffective assistance for not raising 2929.19(B)(2)(f) at sentencing	Not prejudicial because failure was harmless	Counsel deficient for not objecting	Overruled: no prejudice shown because the underlying error was harmless

Key Cases Cited

State v. Rogers, 143 Ohio St.3d 385 (Ohio 2015) (plain‑error burden & framework)
State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (sufficiency vs. manifest weight standards)
State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (standard for reviewing sufficiency of the evidence)
State v. Otten, 33 Ohio App.3d 339 (Ohio Ct. App. 1986) (manifest‑weight review as limited ground for new trial)
State v. Lott, 51 Ohio St.3d 160 (Ohio 1990) (prosecutorial misconduct and harmless‑error principles)
Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two‑part test for ineffective assistance of counsel)
Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (abuse of discretion standard)
Tibbs v. Florida, 457 U.S. 31 (U.S. 1982) (appellate court as "thirteenth juror" in weight‑of‑evidence review)