State v. Callihan, 2022 Ohio 2082

Defendant Randall W. Callihan was tried by jury on two counts of theft (misdemeanors), criminal mischief, and criminal trespass; a dog-tag charge was tried to the bench.
A landlord-ordered survey established property pins; the neighbors (the Woodworths) placed painted PVC pipes, wooden stakes, and string/paracord clearly inside their surveyed line and posted no-trespassing signs.
Security-camera video showed Callihan kicking at and removing a wooden stake; two missing stakes were later found on Callihan’s burn pile and a PVC pipe was found near his shed.
The Woodworths’ paracord marking the line was later found cleanly cut and displaced; officers observed multiple clean cuts consistent with a sharp instrument.
When arrested, Callihan admitted cutting the line to mow but at trial disputed the boundary and denied cutting the cord; the jury convicted him of stealing a wooden stake, criminal mischief, and criminal trespass (acquitting him of the PVC theft); convictions were appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of the evidence (theft, mischief, trespass)	Evidence (survey, markers, video, recovered stakes, cut cord, admission) meets elements beyond reasonable doubt	Boundary disputed; claimed he was on his property and did not cut the cord	Evidence sufficient; jury could rationally find elements proven; convictions affirmed (PVC theft acquittal noted)
Manifest weight of the evidence	Witnesses and physical evidence were credible and corroborated state’s theory	Jury verdict against manifest weight because of conflicting boundary evidence and defendant’s account	Jury did not lose its way; credibility calls for jury; appellate court declines to reverse; convictions affirmed

State v. Thompkins, 78 Ohio St.3d 380, 678 N.E.2d 541 (1997) (distinguishes sufficiency and manifest-weight standards)
Jackson v. Virginia, 443 U.S. 307 (1979) (standard for sufficiency of evidence review)
State v. Yarbrough, 95 Ohio St.3d 227, 767 N.E.2d 216 (2002) (credibility not part of sufficiency review)
State v. Goff, 82 Ohio St.3d 123, 694 N.E.2d 916 (1998) (view evidence in light most favorable to prosecution)
State v. Treesh, 90 Ohio St.3d 460, 739 N.E.2d 749 (2001) (circumstantial evidence and inferences for intent)
State v. Getsy, 84 Ohio St.3d 180, 702 N.E.2d 866 (1998) (any rational trier of fact standard)
State v. Lang, 129 Ohio St.3d 512, 954 N.E.2d 596 (2011) (appellate review as thirteenth juror limited)
State v. Hunter, 131 Ohio St.3d 67, 960 N.E.2d 955 (2011) (weight/credibility are jury functions)
Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77, 461 N.E.2d 1273 (1984) (factfinder best suited to judge witness demeanor)
State v. DeHass, 10 Ohio St.2d 230, 227 N.E.2d 212 (1967) (credibility and weight for trier of fact)