State v. D.D.F., 2014 Ohio 2075

Appellant convicted by jury of five counts of rape against his younger stepdaughter, while four counts involving the older stepdaughter were acquitted.
The offenses occurred when the younger sister was 5 to 11 years old; the older sister was involved but acquitted.
DNA on a blanket tested positive for semen from appellant and his wife; other stains yielded no conclusive results.
Nurse examinations of both victims were normal, but such findings do not preclude sexual abuse as to a child.
Appellant testified denying any sexual contact and acknowledged some discipline by belt or paddle; he also used a different identifying document, leading to a conviction and concurrent life sentences.
The trial court sentenced appellant as a Tier III sexual offender as to Count 9.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Are the rape convictions against the manifest weight of the evidence?	State argues the younger sister's testimony credibly established the acts; credibility determinations are for the jury.	D.D.F. argues inconsistent verdicts (guilty on Counts 5–9, not guilty on Counts 1–4) show a manifest miscarriage of justice.	Convictions not against the manifest weight; credibility issues for the jury, no miscarriage of justice.
Is the evidence sufficient to sustain the rape convictions?	State contends the younger sister's in-court testimony, if believed, establishes all elements.	D.D.F. contends the evidence is inconsistent and not sufficient to prove guilt beyond a reasonable doubt.	Evidence sufficient; a rational juror could find essential elements beyond reasonable doubt.

State v. Peters, 2014-Ohio-1071 (Ohio 2014) (standard for manifest-weight review; jury credibility assessment)
State v. Cardona, 2011-Ohio-4105 (Ohio 2011) (no inherent inconsistency in multi-count verdicts; separate counts are independent)
State v. Conkel, 2009-Ohio-2852 (Ohio 2009) (victim testimony sufficient to prove elements of sexual conduct when believed)