State v. Litton
2016 Ohio 7913
| Ohio Ct. App. | 2016Background
- Defendant Coby R. Litton was charged in Eaton Municipal Court with domestic violence (R.C. 2919.25(A)) and endangering children (R.C. 2919.22(B)(1)) based on allegations he hit his eight‑year‑old son A.L. with objects, threw him into a wall, and caused bruising.
- At a one‑day bench trial, testimony was presented from A.L., social worker Cynthia Snyder (who interviewed A.L. twice), and Litton (who admitted spanking A.L. once with a wooden spoon).
- A.L. consistently testified he was struck with a rod and a fishing pole, slammed against a wall, and had toys dumped on him; photos of bruises and an abrasion were admitted.
- The prosecution did not produce a recording of Snyder’s September 21, 2015 interview with A.L. in discovery; Snyder acknowledged recordings exist but are not routinely copied, and offered a copy at trial which defense counsel did not accept or seek a continuance to review.
- The trial court found A.L.’s account credible, convicted Litton, denied his Crim.R. 33 motion for a new trial, and sentenced him (jail with part suspended, fine, probation).
- Litton appealed, arguing (1) discovery violation under Crim.R. 16(B)(7), (2) trial court erred denying a new trial under Crim.R. 33(A)(2) and (A)(4), and (3) convictions are unsupported by sufficient evidence and against the manifest weight because the conduct was reasonable parental discipline.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Failure to disclose recorded witness statement under Crim.R. 16(B)(7) | State: nondisclosure was inadvertent and not willful; recording was not provided because witness did not inform prosecutor | Litton: prosecutor and witness failed to disclose recording, prejudicing cross‑examination | Court: No willful violation; no showing of benefit from prior knowledge or resulting prejudice — assignment overruled |
| Misconduct warranting new trial under Crim.R. 33(A)(2) | State: no prosecutorial/witness misconduct that materially affected rights | Litton: nondisclosure of recording was misconduct that prejudiced defense | Court: nondisclosure was inadvertent; defense counsel declined offered copy and did not seek continuance; no material prejudice — motion denied |
| Verdict not sustained by sufficient evidence (Crim.R. 33(A)(4)) | State: A.L.’s testimony plus injury photos suffice to prove elements of domestic violence and child abuse | Litton: injuries inconsistent with testimony; could be from bicycle or limited, permissible spanking | Court: Viewing evidence most favorably to prosecution, a rational factfinder could find elements proven beyond a reasonable doubt — sufficiency upheld |
| Manifest weight and parental discipline defense | State: trial court properly credited child and social worker testimony; discipline was excessive | Litton: his testimony described a single spoon spanking constituting reasonable parental discipline | Court: Trial court did not lose its way; it found Litton not credible and A.L. credible; discipline was neither proper nor reasonable — conviction affirmed |
Key Cases Cited
- State v. Joseph, 73 Ohio St.3d 450 (Ohio 1995) (Crim.R. 16 violation reversible only if willful nondisclosure, benefit to accused, and prejudice)
- State v. Parson, 6 Ohio St.3d 442 (Ohio 1983) (discussing standards for reversible error on discovery violations)
- State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (sufficiency standard: viewing evidence in light most favorable to prosecution)
- State v. Hancock, 108 Ohio St.3d 57 (Ohio 2006) (abuse of discretion standard and definition)
- State v. Suchomski, 58 Ohio St.3d 74 (Ohio 1991) (parental discipline defense must be proper and reasonable)
- State v. Kirkland, 140 Ohio St.3d 73 (Ohio 2014) (deference to trier of fact on witness credibility)