State v. Davis
2017 Ohio 8535
| Ohio Ct. App. | 2017Background
- On Jan. 15, 2017, Edmund Davis went to his daughter's (M.D., age 13) mother's home to address M.D.’s misconduct at school; an altercation followed.
- Witnesses (M.D. and her mother, Yvette Smith) testified Davis straddled M.D. and struck her in the mouth with a closed fist, causing a cut and swelling; officer photographed the injury.
- Davis testified he fell with M.D. while trying to escort her out, denied punching her, and said he delivered a parental open‑hand slap; visitation/parental-rights litigation was ongoing.
- Davis was convicted in Middletown Municipal Court of domestic violence (R.C. 2919.25(A)), sentenced to 90 days (89 suspended), one year probation, stay‑away order, $200 fine and costs.
- Davis appealed pro se raising three assignments of error: (1) lack of subject‑matter jurisdiction, (2) conspiracy/withholding evidence/perjured testimony, and (3) infringement of parental constitutional rights/claim of lawful corporal punishment.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Davis) | Held |
|---|---|---|---|
| Municipal court subject‑matter jurisdiction | Complaint complied with Crim.R. 3 and offense occurred in Middletown | Court lacked jurisdiction and lost it because witness statements were false/misleading | Court had jurisdiction; filing of valid complaint invoked municipal court jurisdiction; witness testimony does not affect jurisdiction |
| Alleged conspiracy/withheld police report/perjury | Prosecution not required to admit police report; witnesses testified and were cross‑examined | Prosecutor and defense counsel conspired to withhold report; officer lied about consistency of statements | No merit; counsel’s trial decisions are strategic; credibility is for the trier of fact |
| Parental right to administer corporal punishment | State: evidence showed Davis knowingly caused physical harm that was not reasonable discipline | Davis: acted within parental right to discipline child; punishment was proper and reasonable | Court found closed‑fist punch to face was not proper/ reasonable parental discipline; conviction supported by sufficient evidence |
Key Cases Cited
- Mbodji v. State, 129 Ohio St.3d 325 (2011) (municipal courts’ subject‑matter jurisdiction set by statute; valid complaint invokes jurisdiction)
- Suchomski v. State, 58 Ohio St.3d 74 (1991) (parent may use physical punishment without violating domestic‑violence statute only if discipline is proper and reasonable)