State v. Carr, 2012 Ohio 1679

Carr was convicted of Burglary (R.C. 2911.12(A)(2)) and Assault (R.C. 2903.13(A)) after a February 25, 2011 incident.
The incident occurred at 658 Allenby Drive, Marysville, where Kaitlyn Davis, Kelsea Blanchard, and Steven Rutheford lived; Davis and Rutheford were on third shift, sleeping during the day.
Carr, who regularly watched the children, had previously been allowed into the apartment and into the bedroom shared by Kelsea and Rutheford.
During the confrontation, Carr argued with Kelsea about money, entered the bedroom after being told to leave, shoved the door, and punched Rutheford several times.
Carr took money from a shoebox in the closet; Kelsea testified she blocked the door, and Carr forcibly entered despite being asked to leave.
The jury found Carr guilty of Burglary and Assault on August 8, 2011; sentences were six years for Burglary and six months for Assault, to be served concurrently.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether burglary verdict is against weight of the evidence	Carr contends trespass element not proven; he was a regular visitor with no permission revoked.	Carr asserts lack of trespass and argues no theft element required for burglary.	Not against weight; substantial evidence supports trespass and purpose to commit a criminal offense.
Whether excluding testimony about prior false allegations was reversible error	Carr claims cross-examination about prior false allegations should have been allowed to impeach credibility.	Carr relies on Boggs and Messenger to permit such cross-examination when probative of truthfulness.	Ruling to exclude was not reversible error; any error would be harmless given other evidence and testimony.

State v. Andrews, 2006-Ohio-3764 (Ohio App.3d 2006) (weight-of-evidence standard for manifest weight review)
State v. Thompkins, 78 Ohio St.3d 380 (1997-Ohio-52) (manifest weight and witness credibility considerations)
State v. Wisecup, 2004-Ohio-5652 (Twelfth Dist. 2004) (revocation of permission to stay on premises and trespass analysis)
State v. Steffen, 31 Ohio St.3d 111 (1987) (limits on revocation of consent and trespass standards)
State v. Helman, 2004-Ohio-4867 (Seventh Dist. 2004) (evidence and privilege considerations in access disputes)
State v. Brooks, 101 Ohio App.3d 260 (1995) (occupant authorization and revocation of access)
State v. Boggs, 63 Ohio St.3d 418 (1992) (scope of cross-examination for credibility under Evid.R. 608)
State v. Messenger, 2010-Ohio-479 (3d Dist. 2010) (Evid.R. 608 considerations in cross-examination)