State v. Erb, 2022 Ohio 3797

Kaitlyn M. Erb was indicted for one count of felonious assault (R.C. 2903.11) arising from an August 10, 2020 parking‑lot altercation; trial occurred June 2021.
Victim C.C. suffered a deep laceration to her hand requiring surgery and reduced hand function, and also had head injuries; photos and hospital evidence were admitted.
Investigators prepared a six‑photo array; C.C. identified Erb; Erb was arrested in Oklahoma, extradited, and in a police interview admitted hitting the victim with a hatchet.
Erb testified she carried a bat and hatchet in her vehicle, said she intervened to stop a fight and was provoked, and conceded she struck C.C. with a hatchet but claimed it was in the context of a chaotic confrontation.
The jury convicted Erb of felonious assault; she was sentenced to 4–6 years. She appealed, arguing the conviction was against the manifest weight of the evidence and that the proper offense was aggravated assault based on sudden passion/serious provocation.
The appellate court affirmed, holding the jury reasonably credited the State’s version, that Erb initiated the physical confrontation, and that the facts did not establish legally sufficient "serious provocation."

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the conviction for felonious assault is against the manifest weight of the evidence	State: Evidence (victim ID, photographs of injuries, Erb’s admission) supports that Erb knowingly caused serious physical harm with a deadly weapon.	Erb: The encounter produced sudden passion from serious provocation (insults, blocked vehicle, chaotic scene, concern for infant), so aggravated assault is the proper inferior offense.	Affirmed. The jury credited the State; appellant’s provocation theory failed as a matter of law and fact (words and the circumstances were insufficient to excuse use of deadly force).

State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (describes manifest‑weight review and role of appellate court).
State v. Wilks, 154 Ohio St.3d 359 (Ohio 2018) (explains manifest‑weight standard and weighing credibility).
State v. DeHass, 10 Ohio St.2d 230 (Ohio 1967) (trier of fact determines witness credibility).
State v. Shane, 63 Ohio St.3d 630 (Ohio 1992) (words alone generally do not constitute serious provocation to justify deadly force).
State v. Antill, 176 Ohio St. 61 (Ohio 1964) (jury may accept or reject any witness testimony in whole or in part).