State v. Kendall, 2011 Ohio 2475

Eric T. Kendall was convicted by a jury of two counts of menacing under R.C. 2903.22 in the Marietta Municipal Court.
Appellant was sentenced to 30 days on each count, with the second sentence suspended; fines and probation were imposed.
Anders v. California proceedings were used; counsel sought to withdraw after finding no meritorious claims, leaving one potential issue.
The sole potential issue challenged on appeal concerned whether the trial court’s jury instruction defining immediate family was correct for count two.
The trial court instructed that immediate family included parents and grandparents, among others, contrary to a model instruction.
On review, the Fourth District held the appeal regarding manifest weight to be frivolous and affirmed the trial court’s judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the jury instruction on 'immediate family' was proper for count two	Kendall argued immediate family did not include Miranda Duty.	Kendall contends the model instruction should have been given and parents were not included.	Instruction proper; no weight of evidence issue; judgment affirmed.

Anders v. California, 386 U.S. 738 (1967) (counsel may withdraw when no meritorious appeal exists; requires brief and defendant's opportunity to raise issues)
State v. DeHass, 10 Ohio St.2d 230 (1967) (weight and credibility of witnesses are for the trier of fact)
State v. Eskridge, 38 Ohio St.3d 56 (1988) (when reviewing weight of the evidence, substantial evidence supports conviction)
State v. Comen, 50 Ohio St.3d 206 (1990) (jury instructions must be complete and correct; omission of necessary instructions error)
State v. Lessin, 67 Ohio St.3d 487 (1993) (correctness of jury instructions; must include pertinent statements of law)
State v. Nelson, 36 Ohio St.2d 79 (1973) (correct jury instructions required for proper weighing of evidence)