State v. Ford
2013 Ohio 1883
Ohio Ct. App.2013Background
- Ford was charged with domestic violence under R.C. 2919.25, a misdemeanor of the first degree, after an incident with Lisa Krepps in Alliance, Ohio.
- Krepps testified Ford kicked near her head while she was on the toilet and later shoved the back of her head, causing a headache.
- Krepps observed red marks on her neck after the argument; Sgt. X photographed the marks but Krepps did not seek medical treatment.
- A jury convicted Ford of domestic violence; the trial court sentenced him to 30 days in jail (20 suspended), ordered anger management, and assessed fines and costs.
- Ford appealed, challenging the weight of the evidence supporting his conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Ford's conviction against the manifest weight of the evidence? | State argues evidence showed physical harm or attempt to harm Krepps | Ford contends lack of visible injury or clear causation undermines weight | Conviction not against weight; affirmed |
Key Cases Cited
- State v. Ward, 2010-Ohio-4614 (Ohio-10th Dist. 2010) (establishes that a conviction may be based on attempted physical harm without actual injury)
- State v. Nielsen, 66 Ohio App.3d 609 (Ohio-6th Dist. 1990) (victim need not sustain actual injury for DV conviction)
- State v. Blonski, 125 Ohio App.3d 103 (Ohio-9th Dist. 1997) (DV conviction permissible with minor or no injury)
- Thompkins v. State, 78 Ohio St.3d 380 (Ohio Supreme Court 1997) (thirteenth juror standard for manifest weight review)