State v. Hebb, 2011 Ohio 4566

Hebb's home destroyed by fire on August 3, 2008; daughter Maggie initially blamed an intruder.
Maggie later confessed to starting the fire on September 3, 2008; Hebb denied knowledge of the daughter's involvement.
Investigation uncovered an enclosed trailer on Hebb's property containing items claimed as destroyed; trailer moved off-site prior to the fire.
Trailer contents matched items listed on Hebb's insurance loss claims; Hebb had claimed substantial fire loss with no itemized values.
Grange Insurance paid mortgage-related loan amount and later investigated for fraud; Hebb gave a deposition on October 14, 2008 denying removal of property.
Hebb was convicted of two counts of Insurance Fraud (R.C. 2913.47(B)(1)) and one count of Possession of Criminal Tools (R.C. 2923.24(A)); restitution of $213,134.72 was ordered.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for possession of criminal tools	Hebb used the trailer to conceal property from the insurer.	No proof the trailer was used to commit or facilitate fraud.	Conviction supported by sufficient evidence
Manifest weight of evidence for possession of criminal tools	Evidence showed intent to use trailer for fraud.	Evidence insufficient to prove weight of the offense.	Not against the manifest weight; not to be disturbed
Sufficiency of evidence for Count I Insurance Fraud	Hebb knowingly made false statements to Grange to obtain benefits.	Statements did not defraud insurer or produce a benefit to Hebb.	Sufficient evidence to sustain Count I
Manifest weight of evidence for Count I Insurance Fraud	Consistency of statements with concealment implied fraud.	Inconsistencies undermine weight of verdict.	Not against the manifest weight; credible assessment for jury
Sufficiency of evidence for Count II Insurance Fraud	Deposition statements denying knowledge of daughter's involvement were deceptive.	Statements post-daughter's confession do not prove intent to defraud insurer.	Sufficient evidence to sustain Count II

Jackson v. Virginia, 443 U.S. 307 (1979) (requires reviewing court to assess whether any rational trier could find guilt beyond a reasonable doubt)
State v. Jenks, 61 Ohio St.3d 259 (1991) (circumstantial evidence has the same probative value as direct evidence)
State v. Thompkins, 78 Ohio St.3d 380 (1997) (unanimous panel required to reverse on weight; standard set for sufficiency vs weight)
State v. Garner, 74 Ohio St.3d 49 (1995) (intent may be inferred from surrounding circumstances)
State v. Wallen, 21 Ohio App.2d 27 (1969) (assessment of witness credibility is the jury's role)
State v. Castaneda, 168 Ohio App.3d 686 (2006) (restitution awards require competent, credible evidence of actual loss)