State v. D.S., 2021 Ohio 1725

D.S. was indicted for multiple offenses based on long‑running sexual abuse of his three daughters (Victims 1–3), including 13 counts of rape, GSI, illegal use of a minor in nude material, child endangering, having weapons while under disability, attempted rape, kidnapping, and felonious assault.
Investigative and medical evidence: victims gave similar, detailed disclosures to a social worker and a SANE nurse; a therapist diagnosed all three with PTSD; police extracted nude photos from D.S.’s phone that depicted victims and showed an open jar of Vaseline.
Corroborative physical evidence: victims identified a penis pump seized from D.S.; cell‑phone photos and victim IDs tied the images to D.S.’s phone.
D.S. testified and denied the abuse, claiming erectile dysfunction and use of a penis pump; on cross‑examination he admitted possession of the pump, condoms, and three firearms (despite a felony disability); the children’s mother invoked the Fifth.
A jury convicted D.S. on all counts and specifications; the trial court sentenced him to life without parole. D.S. appealed, raising (1) manifest weight, (2) sufficiency, and (3) ineffective assistance of counsel.
The court affirmed most convictions but vacated Counts 15 and 25 (two attempted‑rape counts) for insufficient evidence.

Issue	State's Argument	D.S.'s Argument	Held
Manifest weight of the evidence	Victim testimony, medical, and physical evidence were credible and consistent; jury verdict should stand	Victim accounts inconsistent, victims had motive to lie, jury lost its way	Court found no manifest miscarriage of justice and affirmed convictions (credibility was for the jury)
Sufficiency of the evidence	Evidence (testimony + photos + corroboration) met Jenks standard for all charged counts	Victim testimony alone insufficient and unreliable	Court held evidence sufficient for most counts (rape, GSI, nude‑material, child endangering, weapons, kidnapping, felonious assault) but vacated two attempted‑rape counts (Counts 15 & 25) for lack of evidence of unsuccessful attempts
Ineffective assistance of counsel	Counsel conducted appropriate cross‑examination and objections; trial record shows counsel heard witnesses and used hearing aids	Trial counsel was hearing impaired and performance was deficient, denying fair trial	Court rejected ineffective‑assistance claim—no deficient performance or prejudice shown

Thompkins v. Ohio, 78 Ohio St.3d 380, 678 N.E.2d 541 (1997) (standard for manifest‑weight review)
Tibbs v. Florida, 457 U.S. 31 (1982) (appellate court as a ‘‘thirteenth juror’’ concept)
DeHass v. State, 10 Ohio St.2d 230, 227 N.E.2d 212 (1967) (credibility and weight for factfinder)
Jenks v. Ohio, 61 Ohio St.3d 259, 574 N.E.2d 492 (1991) (sufficiency standard)
Strickland v. Washington, 466 U.S. 668 (1984) (ineffective assistance two‑prong test)
State v. Dye, 82 Ohio St.3d 323, 695 N.E.2d 763 (1998) (force not required where defendant holds authority over child)
State v. Logan, 60 Ohio St.2d 126, 397 N.E.2d 1345 (1979) (forcible rape implicitly includes kidnapping)
State v. Cooper, 139 Ohio App.3d 149, 743 N.E.2d 427 (2000) (felonious assault may be based on conduct causing mental illness requiring treatment)