State v. Johnson, 2018 Ohio 3720

Victim Karrin Harris and defendant Johnathan D. Johnson were former partners who co-parented a child; they had separated months earlier but still interacted regularly.
On Feb. 2, 2017, an altercation at Harris’s home resulted in injuries to Harris (left orbital fracture, neck, chest, elbow, abdomen) requiring ER treatment and transfer for ophthalmologic care.
Johnson was indicted on kidnapping (Count 1) and felonious assault (Count 2); jury acquitted him of kidnapping and convicted him of felonious assault.
At trial an officer briefly testified that Johnson had been arrested for violating a protection order; defense moved for mistrial. The court struck the testimony and gave curative instructions instead of granting a mistrial.
Johnson challenged (1) denial of his mistrial motion based on the protection-order reference and (2) the manifest weight of the evidence supporting the felonious-assault conviction. The Fourth District affirmed.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Johnson)	Held
Whether a brief, unsolicited reference that Johnson was arrested for violating a protection order required a mistrial	The single, non-specific remark was inadvertent and curable by a prompt, clear curative instruction	The comment was prejudicial and its admission deprived Johnson of a fair trial, requiring mistrial	Trial court did not abuse discretion; curative instruction was adequate and jury presumed to follow it
Whether the felonious-assault conviction was against the manifest weight of the evidence	Medical and witness evidence supported Harris’s account; credibility conflicts are for the jury	Harris’s testimony was inconsistent/implausible and prior dismissed allegation undermined credibility	Conviction was not against the manifest weight; evidence supported finding beyond a reasonable doubt

State v. Treesh, 90 Ohio St.3d 460 (2001) (brief, isolated remark followed promptly by curative instruction does not necessarily require mistrial)
State v. Trimble, 122 Ohio St.3d 297 (2009) (same principle regarding curative instructions)
State v. Garner, 74 Ohio St.3d 49 (1995) (presumption that jury follows jury instructions)
State v. Thompkins, 78 Ohio St.3d 380 (1997) (standard for manifest-weight review)
State v. Martin, 20 Ohio App.3d 172 (1983) (conviction against manifest weight requires exceptional case where evidence heavily weighs against verdict)
State v. Issa, 93 Ohio St.3d 49 (2001) (credibility determinations are for the trier of fact)
Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77 (1984) (trier of fact best positioned to assess witness demeanor and credibility)