State v. Calderwood, 956 N.E.2d 892

Calderwood was convicted of burglary in a home that later exploded; he admitted taking appliances and copper.
The house was owned by EZ Access Funding and managed by Rickelman; Sandhu later rekeyed the door.
Neighbors reported Calderwood removing items and using a dolly to move them to his rental property.
The central dispute was whether the house was occupied and whether Calderwood had permission to be inside.
EZ’s managers/testimony indicated Calderwood had no permission and did not hold a key to the front door.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for burglary	Calderwood trespassed by force/stealth/deception in an occupied structure.	Evidence did not prove occupancy or unlawful entry.	Sufficient evidence; conviction proper.
Manifest weight of the evidence	Calderwood had permission (key) and helped maintain the home.	No permission; no rightful entry despite a key.	Not against weight; jury credibility adequate.
Admission of hearsay by detective about permission	Detective testimony about owner’s lack of permission was admissible.	Statement was hearsay; potential prejudice.	Harmless error; cumulative evidence defeats prejudice.

State v. Tenace, 109 Ohio St.3d 255 (2006-Ohio-2417) (sufficiency review framework)
Jackson v. Virginia, 443 U.S. 307 (1980) (sufficiency standard; rational trier of fact)
State v. Jenks, 61 Ohio St.3d 259 (1991) (coupled-sufficiency framework; jury standard)
State v. Green, 18 Ohio App.3d 69 (1984) (occupied structure analysis; residential purpose)
State v. Williams, 2009-Ohio-6826 (7th Dist. 2009) (occupation status of dwelling)
State v. Charley, 2004-Ohio-3463 (8th Dist. 2004) (occupation despite owner in nursing home)
State v. Wilson, 113 Ohio St.3d 382 (2007-Ohio-2202) (manifest weight standard)
State v. Thompkins, 78 Ohio St.3d 380 (1997) (distinction between sufficiency and weight)
Tibbs v. Florida, 457 U.S. 31 (1982) (thirteen juror concept for weight review)