State v. Flips, 2018 Ohio 2296

In 2016 Sharon Fips was charged with one count of assault with a furthermore clause alleging the victim was a peace officer after an incident at an Ohio State Highway Patrol station.
Trooper Patrick Reagan and Sergeant Christopher Brock attempted to handcuff Fips after detecting alcohol; Fips was intoxicated and resisted.
Reagan testified that while standing partially behind Fips he was struck in the crotch by Fips’ right knee; Brock did not see the knee strike but heard Reagan say he had been kneed.
Fips denied intentionally striking Reagan and admitted only to being belligerent and having been drinking.
The trial court found Fips guilty of assault on a peace officer and imposed one year of community control.
On appeal the court found the assault conviction was against the manifest weight of the evidence but that the record supported conviction for the lesser included offense of disorderly conduct; the conviction was reduced and sentence vacated for resentencing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the assault conviction is against the manifest weight of the evidence	State: Trooper Reagan credibly testified Fips lifted her knee and struck him, supporting intent for assault	Fips: She denied kneeing the officer; other officers in station did not corroborate a deliberate knee	Court: Assault conviction is against manifest weight because Reagan’s restricted vantage and Brock’s failure to see the act make intentional striking unsupported; conviction reduced to disorderly conduct
Whether appellate court may reduce conviction to a lesser included offense on weight review	State: Implicitly: trial court’s finding should stand; majority relied on record supporting lesser offense	Fips: (argued indirectly via dissent) appellate reversal on weight normally requires new trial; modification is improper here	Court: Majority applied precedent allowing reduction when record supports lesser included offense and modified conviction to disorderly conduct; dissent disagrees and would not modify

State v. Thompkins, 78 Ohio St.3d 380 (1997) (explains manifest-weight standard and "thirteenth juror" role)
Tibbs v. Florida, 457 U.S. 31 (1982) (discusses appellate court as a thirteenth juror)
State v. Martin, 20 Ohio App.3d 172 (1st Dist. 1983) (articulates miscarriage-of-justice standard for weight reversals)
State v. DeHass, 10 Ohio St.2d 230 (1967) (credibility and weight of evidence are for the trier of fact)
C.K. v. State, 145 Ohio St.3d 322 (2015) (discusses consequences of reversing on weight grounds)
State v. Tate, 140 Ohio St.3d 442 (2014) (prohibits deciding appeals on unbriefed new issues)