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2023 Ohio 1700
Ohio Ct. App.
2023
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Background

  • Victim Leah Manis (limited mobility) lived in Union Township; Curtis Gregory moved in December 2020 to assist her.
  • On Jan. 1, 2021, while Manis was on a video call, Gregory allegedly grabbed her phone, punched her, dragged her to the living room, choked and kicked her, and struck her face multiple times.
  • The caller on the video (Christine McFerrin) contacted police during the incident; officers photographed Manis’s injuries and took a statement. A warrant issued; Gregory was arrested in Sept. 2022.
  • Bench trial (Oct. 4, 2022): Manis and the responding officer testified. Some factual inconsistencies existed between their accounts (location, statement about teeth), but the court found Manis credible on the main points.
  • Trial court convicted Gregory of assault (R.C. 2903.13) and sentenced him to 180 days (maximum). Gregory appealed, arguing the conviction was against the manifest weight of the evidence; the court affirmed.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the assault conviction is against the manifest weight of the evidence State: testimony and officer evidence support conviction beyond a reasonable doubt Gregory: inconsistencies in testimony (officer v. victim) undermine credibility and weight of evidence Court: conviction not against manifest weight; trial court reasonably credited victim on main points
Whether appellate review is moot because sentence completed State: appeal remains justiciable under precedent Gregory: (implied) completion could moot appeal Court: appeal not moot (citing precedent)

Key Cases Cited

  • Cleveland Hts. v. Lewis, 129 Ohio St.3d 389 (2011-Ohio-2673) (appeal not rendered moot by completion of sentence)
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Case Details

Case Name: State v. Gregory
Court Name: Ohio Court of Appeals
Date Published: May 22, 2023
Citations: 2023 Ohio 1700; CA2022-10-070
Docket Number: CA2022-10-070
Court Abbreviation: Ohio Ct. App.
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