2023 Ohio 1700
Ohio Ct. App.2023Background
- 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)
