State v. Jarvis, 2011 Ohio 4491

Lipovsky, intoxicated after consuming tequila, asked Jarvis to escort her home from the bar.
Jarvis guided Lipovsky to her home; he later entered Lipovsky’s home after she removed him from the apartment.
Lipovsky slept with her son; Jarvis remained in the home and later sexually engaged Lipovsky.
Lipovsky awoke naked below the waist and reported an assault; DNA testing confirmed sexual contact with Jarvis.
Jarvis was indicted for aggravated burglary and sexual battery; jury found him guilty of sexual battery but not guilty of aggravated burglary.
Jarvis was sentenced to five years in prison and classified as a Tier III sex offender.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for sexual battery	Jarvis argues no evidence he knew Lipovsky was impaired	Jarvis contends lack of proof of Lipovsky’s impairment or lack of consent	Sufficiency supported; substantial impairment/warning shown; conviction affirmed
Weight of the evidence	Lipovsky’s inconsistent recall undermines conviction	Jury credibility determination should stand	Not against the manifest weight; credibility for jury; conviction affirmed

State v. Jenks, 61 Ohio St.3d 259 (Ohio Supreme Court, 1991) (sufficiency review standard for criminal convictions)
State v. Thompkins, 78 Ohio St.3d 380 (Ohio Supreme Court, 1997) (direct-voiding standard; sufficiency evaluation framework)
State v. Otten, 33 Ohio App.3d 339 (Ohio App. 1986) (weighing evidence; ‘‘thirteenth juror’’ concept for manifest weight)
State v. Jackson, 86 Ohio App.3d 29 (Ohio App. 1993) (credibility assessment in weight-of-the-evidence review)
State v. Hill, 9th Dist. No. 09CA009709, 2011-Ohio-1154 (Ninth District, 2011) (upholding sexual battery where victim asleep and later recalls uncertain events)