State v. Libbey-Tipton, 2012 Ohio 2769

Defendant-appellant Adam Libbey-Tipton was charged in April 2011 with rape, gross sexual imposition, and kidnapping.
A jury found him not guilty of rape and kidnapping but guilty of gross sexual imposition.
He was sentenced to one year of community control with a suspended five-year prison term.
The offense allegedly occurred in July 2005 when the victim was almost four years old.
The victim testified that Libbey-Tipton touched her genitalia by pulling down her pants and inserting a finger, with other witnesses corroborating parts of the account.
Defense argued credibility issues and that the victim’s and sister’s statements changed over time, but the court held credibility to be within the jury’s purview.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of the evidence	Libbey-Tipton contends evidence insufficient.	Libbey-Tipton argues inconsistencies undermine credibility.	Sufficient evidence supports conviction.
Manifest weight of the evidence	State argues evidence not against weight given consistent testimony.	Libbey-Tipton claims credibility issues show miscarriage of justice.	Conviction not against the manifest weight; credible testimony supports it.

State v. Bowden, 2009-Ohio-3598 (8th Dist. No. 92266 (Ohio 2009)) (standard for sufficiency review)
State v. Thompkins, 678 N.E.2d 541 (Ohio 1997) (establishes standard for reasonable doubt and review)
State v. Ponce, 2010-Ohio-1741 (8th Dist. No. 91329 (Ohio 2010)) (weights/persuasion standard)
State v. Thomas, 434 N.E.2d 1356 (Ohio 1982) (guides manifest weight review)
State v. Otten, 33 Ohio App.3d 339 (9th Dist.1986) (manifest weight framework)
State v. Salinas, 2010-Ohio-4738 (10th Dist. No. 09AP-1201 (Ohio 2010)) (infer purpose from circumstances)
State v. Cobb, 81 Ohio App.3d 179 (9th Dist.1991) (inference of defendant’s motivation)