2023 Ohio 1627
Ohio Ct. App.2023Background
- Defendant Jennifer E. Jarrett was charged with Assault (Warren Codified Ordinance 537.03) arising from a November 21, 2021 altercation at the Shelter House in Packard Park; Complaint filed Nov. 24, 2021.
- Witnesses (Carr, Gore, Momon) testified that Jarrett pulled up and sprayed pepper spray toward Carr and her sisters; Gore said she was sprayed in the face; Momon had the clearest view and placed Jarrett as the sprayer.
- Jarrett testified she only grabbed her daughter (Shadeziah Johnson) while Johnson used pepper spray, and that Jarrett was maced in the scuffle; Johnson admitted using pepper spray and pled guilty to Attempted Assault.
- The municipal court found Jarrett guilty, imposed a $100 fine, 180 days jail (177 suspended), and two years’ probation.
- Jarrett appealed, arguing her conviction was against the manifest weight of the evidence and deprived her of due process.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Jarrett's conviction is against the manifest weight of the evidence (due process claim) | State: Multiple eyewitnesses placed Jarrett pulling up/using pepper spray, showing she knowingly caused or attempted physical harm. | Jarrett: Witness testimony inconsistent and unreliable; she was only restraining her daughter and was maced herself; no proof she sprayed victim. | Affirmed. The court deferred to the factfinder's credibility determinations and concluded the evidence (including attempts to spray) supports the conviction. |
Key Cases Cited
- Eastley v. Volkman, 132 Ohio St.3d 328 (Ohio 2012) (appellate authority to reverse on manifest-weight grounds)
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (appellate court acts as "thirteenth juror" in weight-of-evidence review)