State v. Davis, 2014 Ohio 1197

Appellant Scott Davis was convicted by jury of one count of domestic violence under R.C. 2919.25(A).
The victim, David Delawder, testified he is appellant’s father; the relationship was characterized as father–son during trial.
Delawder reported the March 17, 2013 assault and injuries; a deputy photographed the injuries and investigated but could not reach appellant.
Appellant moved to continue to present an alibi defense; the trial court denied the continuance.
Defense proffered alibi witnesses who would testify appellant was at a Cedar Run Road residence during the incident, but they were not produced at trial.
The jury found Davis guilty; the trial court sentenced him to 90 days (60 suspended), two years’ probation, a $175 fine, and no-contact with the victim.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for family/household member	Davis is Delawder’s son; household relationship proven.	No formal documentation of paternity; credibility issues with the father’s testimony.	Sufficient evidence supports family/household member element
Admission of testimony linking paternal relationship (hearsay/credibility)	Delawder’s knowledge of paternity admissible; no hearsay error.	Testimony is hearsay and inappropriate as to paternity.	Admission not reversible error; evidence properly admitted
Denial of continuance for alibi witnesses	Alibi defense could have exculpated; continuance necessary for defense.	Court has discretion; delay would prejudice the state; alibi notice was untimely and witnesses unnamed.	No abuse of discretion; denial upheld
Ineffective assistance of counsel	Motion to acquit failed for lack of adequate relief; counsel’s handling of alibi and timing deficient.	Record shows sufficient evidence and counsel acted within reasonable professional standards.	No reversible ineffective assistance; trial counsel's performance not prejudicial

State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (sufficiency standard: rational trier could find elements proven beyond reasonable doubt)
State v. Williams, 79 Ohio St.3d 459 (Ohio 1997) (domestic violence arises from the relationship of the parties, not living arrangements)
State v. Sage, 31 Ohio St.3d 173 (Ohio 1987) (trial court broad discretion on evidentiary rulings)
State v. Unger, 67 Ohio St.2d 65 (Ohio 1981) (continuance factors and abuse-of-discretion standard)
State v. Holmes, 36 Ohio App.3d 44 (Ohio App. 1987) (continuance considerations and trial timing factors)
Walden v. State, 47 Ohio St.3d 47 (Ohio 1989) (paternity-related evidence and credibility considerations in criminal cases)