State v. Grayson, 2021 Ohio 4312

On July 29, 2019, an altercation on West 93rd Street resulted in victim Kelly Ellison sustaining deep lacerations to her arm (22 staples) and face/neck (13 stitches); both injuries left permanent scars.
Ellison and her aunt Sharon Tawney testified that Janet Grayson struck Ellison with a broken beer bottle after Grayson smashed the bottle and was belligerent in the roadway; both witnesses said Grayson and her companion Michael Schneider were intoxicated.
Grayson testified she was assaulted, knocked to the ground, and lashed out with a broken bottle while Ellison was on top of her, claiming she acted to free herself. Schneider corroborated parts of Grayson’s version but said he did not see the bottle strike Ellison.
Grayson was indicted on two counts of felonious assault (R.C. 2903.11(A)(1) and (A)(2)), waived a jury, and was tried before the court; the bench found her guilty of both counts.
The court merged allied counts for sentencing, proceeded on the count alleging use of a deadly weapon (broken glass bottle), and sentenced Grayson to 90 days jail, six months home detention, and five years community control.
Grayson appealed raising three assignments of error: (1) trial court erred in rejecting self-defense, (2) insufficiency of the evidence, and (3) convictions against the manifest weight of the evidence.

Issue	State's Argument	Grayson’s Argument	Held
Whether Grayson acted in self-defense	Grayson created the confrontation by standing in the road, striking Ellison’s car and being belligerent; thus self-defense is unavailable	She was the victim of an attack and used the bottle to free herself from Ellison sitting on her chest	Court: No self-defense — state proved she was at fault in creating the situation; assignment overruled
Whether the evidence was sufficient to convict for felonious assault with a deadly weapon	Broken glass bottle is capable of inflicting death and thus a deadly weapon; testimony and photos establish knowing use of the bottle	Bottle was not a deadly weapon and she did not knowingly cause harm but acted to escape	Court: Evidence sufficient as a rational trier of fact could find all elements proven; assignment overruled
Whether convictions were against the manifest weight of the evidence	Credible eyewitness and medical evidence supported verdict; Grayson’s account was inconsistent and implausible	Conflicting evidence and alleged need to defend for her life warranted reversal	Court: Trial court did not lose its way; credibility findings reasonable; assignment overruled

State v. Jacinto, 155 N.E.3d 1056 (Ohio 2020) (outlines elements to disprove self-defense by proving fault in creating affray, lack of reasonable belief of danger, or excess force)
State v. Thompkins, 678 N.E.2d 541 (Ohio 1997) (distinguishes sufficiency and manifest-weight standards)
State v. Jenks, 574 N.E.2d 492 (Ohio 1991) (standard for sufficiency review under Jackson v. Virginia)
Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (a conviction is sufficient if any rational trier of fact could find essential elements proven beyond a reasonable doubt)
Strickland v. Cleveland, 918 N.E.2d 170 (Ohio App. 2009) (bench-trial manifest-weight review framework)