State v. Jackson, 2016 Ohio 3278

Victim lived in an apartment with her child; appellant (Zachary Jackson) is the child’s father and previously had a civil protection order filed against him in February 2014.
On May 12, 2014, after angry texts, appellant allegedly forced entry, assaulted the victim (facial injuries, bruises, choke marks), forced her to shower, then held her down and raped her while she begged him to stop.
The victim went to the hospital; detective observed injuries and blood in the apartment; medical examiner/nurse performed a sexual-assault exam (no visible internal injuries but signs consistent with force).
Sheriff’s deputy testified to paperwork showing the protection order was personally served on appellant on February 28, 2014 (receipt and clerk’s return of service introduced).
Appellant was convicted by a jury of aggravated burglary, burglary, domestic violence, violating a protection order (R.C. 2919.27), and rape (R.C. 2907.02); sentenced to an aggregate 11-year prison term.
Appellant appealed raising four assignments of error: (1) jury instruction on protection-order violation omitted element of service; (2) rape conviction against manifest weight; (3) court erred by not instructing on sexual battery as a lesser included offense; (4) ineffective assistance for counsel’s failures on instructions.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Jackson)	Held
Jury instruction on R.C. 2919.27 omitted element of service	Service was proven at trial (receipt and clerk’s return); omission was harmless	Instruction failed to require jury to find defendant was served before violation (citing State v. Smith)	No plain error; outcome would not have been clearly different given uncontroverted proof of service
Manifest weight challenge to rape conviction	Victim’s testimony and physical evidence supported conviction for forcible rape	Victim inconsistent (initially said consensual), behavior not typical of rape victim; challenges credibility	No miscarriage of justice; jury credibility determination upheld
Failure to instruct on sexual battery as lesser included offense	No request was made; counsel’s strategic choice presumed; no plain error	Jury should have been instructed on sexual battery as lesser included offense	No plain error; presumption of trial strategy and no showing of exceptional circumstances
Ineffective assistance of counsel for failing to object/request instructions	Even assuming counsel erred, errors not prejudicial given record; underlying issues merit no relief	Counsel failed to preserve instructional errors and to request lesser-included instruction	Denied; no prejudice shown and underlying assignments of error were rejected

State v. Moore, 836 N.E.2d 18 (Ohio App. 2005) (failure to object to jury instructions waives all but plain error)
State v. Group, 781 N.E.2d 980 (Ohio 2002) (standard for manifest-weight review and new-trial discretion)
State v. Smith, 989 N.E.2d 972 (Ohio 2013) (state must prove defendant was served with protection order before alleged violation)
State v. Thompkins, 678 N.E.2d 541 (Ohio 1997) (appellate role as thirteenth juror in manifest-weight review)
State v. Phillips, 656 N.E.2d 643 (Ohio 1995) (plain-error rule and exceptional-circumstances application)