State v. Delaney
2017 Ohio 9292
| Ohio Ct. App. | 2017Background
- On January 1, 2017, Jeannette Orshoski observed, through her garage door peephole, a woman approach and stab a tire on her car, causing it to deflate. Orshoski reported the incident and identified Susie Delaney as the attacker.
- Delaney was charged in Elyria Municipal Court with criminal damaging under R.C. 2909.06(A)(1) for knowingly causing physical harm to another’s property.
- At a bench trial, Orshoski testified she could see the incident at night (the lot was well lit) and was 98% sure Delaney was the perpetrator; a responding officer corroborated that the peephole view would permit observation.
- Delaney testified she had been at her father’s house that evening but left to go to a convenience store near the apartment complex; she produced a store receipt and her daughter corroborated a drop-off and call about delay. Delaney denied committing the act.
- The municipal court found Delaney guilty and sentenced her to 50 hours of community service. Delaney appealed to the Ninth District Court of Appeals raising sufficiency and manifest-weight challenges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to convict under R.C. 2909.06(A)(1) | State: Orshoski’s testimony, if believed, established Delaney knowingly damaged the tire. | Delaney: Identification was unreliable (peephole, darkness, no glasses), only uncorroborated eyewitness; other possible perpetrators. | Affirmed. Viewing evidence in light most favorable to State, a rational trier of fact could find elements proven beyond a reasonable doubt. |
| Manifest weight of the evidence | State: Credible eyewitness and officer corroboration support the verdict. | Delaney: Orshoski biased, inconsistent, and Delaney’s alibi and daughter’s testimony undermine identification; other people could be responsible. | Affirmed. Appellate court will not reverse where the trier of fact reasonably resolved credibility disputes; no manifest miscarriage of justice. |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (standards for reviewing sufficiency and manifest-weight challenges)
- State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (sufficiency review—view evidence in light most favorable to the prosecution)
- State v. Otten, 33 Ohio App.3d 339 (9th Dist. 1986) (standard for manifest-weight review and when reversal is appropriate)