State v. Hill, 2013 Ohio 717

Hill was convicted of aggravated menacing, a first-degree misdemeanor, in Montgomery County Municipal Court.
The victim, Marcus Hunter, testified to a history of problems with Hill, including prior police involvement.
On May 24, 2011, Hill blocked Hunter’s vehicle with a truck, then returned with a revolver and showed it within about 20 feet.
Hunter feared for his life and called 911; Hill denied possessing a gun and testified he did not threaten Hunter.
The trial court found Hill guilty, sentenced him to 180 days with 90 suspended, imposed a partially suspended fine, and placed him on five years of community control.
Hill appeals challenging the sufficiency and the weight of the evidence supporting his conviction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Legal sufficiency of the evidence	State argues Hill’s conduct caused Hunter to believe serious harm.	Hill contends no evidence Hunter believed serious harm or that Hill knowingly caused that belief.	Sufficient evidence supports conviction.
Weight of the evidence	State maintains the record supports Hunter’s fear of serious harm and the belief Hill would cause it.	Hill argues the record shows no fear of serious harm and lacks corroboration of such belief.	Not against the manifest weight; conviction affirmed.

State v. Jenks, 61 Ohio St.3d 259 (1991) (standard for evaluating evidence in criminal sufficiency)
State v. Thompkins, 678 N.E.2d 541 (1997) (focus on whether the trier of fact acted within reasonable doubt)
State v. Martin, 485 N.E.2d 717 (1983) (manifest-weight review requires exceptional miscarriage of justice)
State v. Britton, 2009-Ohio-1282 (2d Dist.) (distinguishes mere nervousness from belief of serious harm)
Dayton v. Davis, 735 N.E.2d 939 (1999) (upholds aggravated-menacing conviction from implicit threats)