State v. Littlejohn, 2011 Ohio 2035

Littlejohn was charged in April 2009 with five counts: two felonious-assault counts on a peace officer, drug possession, drug trafficking with a juvenile specification, and possessing criminal tools.
March 19, 2009, police responded to shots fired; Ruma smelled marijuana from a parked white Lexus and observed occupants as Howard (driver) and Littlejohn (passenger) with a child in the back.
Takes down Littlejohn; Tohati patted him down revealing marijuana and crack cocaine; Littlejohn attempted to flee, struggled, and was subdued after a fight with officers.
Officers Hourihan and Tohati were injured; hospital treatment included bruising, laceration, and temporary incapacities; Littlejohn testified he possessed drugs and was beaten.
Jury found Littlejohn guilty of two counts of assault on a peace officer (as lesser included offenses), drug possession, and drug trafficking; not guilty on possessing criminal tools; aggregate sentence of eight years.
On appeal, Littlejohn challenged (1) consecutive-sentencing findings, (2) manifest weight of the assault verdicts, and (3) sufficiency of the evidence; the court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Consecutive sentences findings required?	Ice requires judicial findings before consecutive sentences.	Hodge/Foster negate mandatory findings; no pre-findings needed.	No mandatory findings; sentence affirmed as within range.
Are the assault verdicts against the manifest weight of the evidence?	Injury and medical treatment support serious physical harm.	No serious harm since no stitches; weight favors defendant.	Not against weight; evidence supports serious physical harm.
Is the evidence legally sufficient to sustain the assault verdicts?	Jury could reasonably find recklessness and serious harm.	Insufficient to prove serious physical harm beyond reasonable doubt.	Evidence sufficient; rational juror could convict.

State v. Kalish, 120 Ohio St.3d 23 (2008-Ohio-4912) (two-step Kalish standard for post-Foster review of felony sentences)
State v. Foster, 109 Ohio St.3d 1 (2006-Ohio-856) (abrogated mandatory findings for max/consecutive sentences)
State v. Hodge, 128 Ohio St.3d 1 (2010-Ohio-6320) (Ice does not revive old consecutive-sentence findings)
Ice, 555 U.S. 160 (2009) (upheld judicial fact-finding for consecutive sentences under federal standards)
State v. Diar, 120 Ohio St.3d 460 (2008-Ohio-6266) (standard for sufficiency of the evidence)
State v. Thompkins, 78 Ohio St.3d 380 (1997-Ohio-416) (Jackson v. Virginia standard for sufficiency; 'any rational juror' test)
State v. Wilson, 113 Ohio St.3d 382 (2007-Ohio-2202) (serious physical harm may be inferred from medical treatment)
State v. Jenks, 61 Ohio St.3d 259 (1991-Ohio-179) (standard for evaluating evidence in sufficiency review)