State v. Fussell, 2011 Ohio 4815

March 8, 2010, police respond to dispute over a vehicle whose plates were being removed by Rosalind Heard, owner of the car, at Lesta Fussell's home.
Fussell, on the front porch, becomes irate and throws objects; a microwave is dropped that almost hits Officer King.
Officers attempt to enter the home to arrest Lesta Fussell; Fussell locks the front door and the officers are prevented from entering.
Fussell is arrested; en route to the cruiser, slipping conditions cause Fussell and officers to fall; Fussell allegedly kicks his legs and the door strikes Officer Telegdy's wrist.
Fussell is charged with felonious assault on a police officer, obstructing justice by harboring/ concealing Lesta Fussell, and resisting arrest; the trial court convicts on assault (as a lesser included of felonious assault), obstructing justice by harboring/ concealing, and resisting arrest, with sentences running concurrently.
Appellate court reverses the obstructing-justice conviction (finding harboring/concealing not proven) and modifies the resisting-arrest conviction to a lesser offense; sustains/overrules other issues and remands for sentencing consistent with the opinion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Fussell knowingly caused or attempted to cause physical harm to Telegdy.	Fussell contends no knowing intent to injure.	State asserts evidence shows Fussell knowingly caused injury with door act.	Partially sustained; insufficient evidence Fussell knowingly caused injury.
Whether the obstruction of justice conviction was proven under harboring/concealing Lesta Fussell.	State relied on harboring/concealing theory.	Fussell locked the door; no concealment of Lesta.	Partially sustained; harboring/concealing not proven; conviction reversed to obstructing by preventing entry (A)(6).
Whether Fussell properly resisted arrest conviction supports a lesser offense.	Arrest was lawful; resistance occurred; liability stands.	Evidence supports resisting arrest only for lesser offense.	Conviction reduced to resisting arrest under (A); otherwise affirmed as to lawfulness and sufficiency.
Whether offenses were properly merged and whether sentence should reflect allied offenses.	Allied offenses doctrine requires merging.	Sentences may be merged or reallocated as necessary.	Moot given disposition on other issues; no merger error required separate relief.

State v. Leonard, 104 Ohio St.3d 54 (2004-Ohio-6235) (standard for sufficiency of evidence; proof beyond a reasonable doubt)
State v. Tenace, 109 Ohio St.3d 255 (2006-Ohio-2417) (weight of evidence; credibility of witnesses; appellate review standard)
State v. Evans, 122 Ohio St.3d 381 (2009-Ohio-2974) (lesser-included offenses and statutory elements)
State v. Reddy, 192 Ohio App.3d 108 (2010-Ohio-5759) (authority to reduce conviction to lesser included offense)
State v. Davis, 8 Ohio App.3d 205 (1982-Ohio-) (principles on lesser included offenses and appellate authority)