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State v. Garrett
2018 Ohio 1368
Ohio Ct. App.
2018
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Background

  • Richard Garrett was indicted on two counts of felonious assault after an October 26, 2016 altercation at his mother's house in which the victim sustained six stab wounds.
  • Count 1 charged knowingly causing serious physical harm (R.C. 2903.11(A)(1)); Count 2 charged causing or attempting to cause physical harm by means of a deadly weapon.
  • At trial Garrett asserted self-defense and presented testimony from himself and his mother; the State presented testimony from the victim and the victim's girlfriend.
  • The jury acquitted Garrett on the deadly-weapon count but convicted him on the serious-physical-harm count; the trial court sentenced Garrett to three years in prison.
  • Garrett appealed, arguing his felonious-assault conviction was against the manifest weight of the evidence.
  • The Ninth District Court of Appeals reviewed the record, credibility determinations, and whether the jury clearly lost its way, and affirmed the conviction.

Issues

Issue Plaintiff's Argument (State) Defendant's Argument (Garrett) Held
Whether Garrett's conviction for knowingly causing serious physical harm is against the manifest weight of the evidence The jury reasonably credited the victim and girlfriend, who testified Garrett stabbed the victim multiple times and the injuries were serious The verdict is against the manifest weight because testimony conflicted and Garrett acted in self-defense Affirmed — the jury did not lose its way; sufficient credible evidence supported the conviction and Garrett failed to prove self-defense by a preponderance

Key Cases Cited

  • Otten v. State, 33 Ohio App.3d 339 (9th Dist. 1986) (standard for reversing based on manifest weight of the evidence)
  • Thompkins v. Ohio, 78 Ohio St.3d 380 (Ohio 1997) (appellate court as "thirteenth juror" when reviewing manifest-weight claims)
  • Tibbs v. Florida, 457 U.S. 31 (U.S. 1982) (discussion of the role of appellate courts in weight-of-the-evidence review)
Read the full case

Case Details

Case Name: State v. Garrett
Court Name: Ohio Court of Appeals
Date Published: Apr 11, 2018
Citation: 2018 Ohio 1368
Docket Number: 28638
Court Abbreviation: Ohio Ct. App.