State v. Litton, 2016 Ohio 7913

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)) for allegedly striking his 8‑year‑old son A.L. with objects and throwing him into a wall, causing bruises and an abrasion.
Case proceeded to a one‑day bench trial where testimony came from the child A.L., social worker Cynthia Snyder, and Litton. Photographs of the child’s injuries were admitted.
Snyder conducted two interviews of A.L. (Sept. 21 and Sept. 25, 2015); the prosecution did not produce a recording of the Sept. 21 interview in discovery.
The trial court found A.L.’s testimony consistent and credible, rejected Litton’s claim he only spanked the child once with a wooden spoon, and convicted Litton.
Litton moved for a new trial alleging discovery violations and insufficient evidence; the court denied the motion and sentenced Litton to jail (90 days, 75 suspended), fines, and probation.
On appeal Litton argued (1) Crim.R. 16(B)(7) discovery violation, (2) trial court erred denying motion for new trial under Crim.R. 33(A)(2) and (A)(4), and (3) convictions were legally insufficient and against the manifest weight because the conduct was permissible parental discipline.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did the State willfully violate Crim.R. 16(B)(7) by not disclosing a recorded statement?	N/A (prosecution argued nondisclosure was inadvertent)	Litton: nondisclosure denied him cross‑examination advantage and was reversible error	Court: nondisclosure was inadvertent, not willful; no prejudice shown; no reversible error
Did prosecutorial/witness misconduct warrant a new trial under Crim.R. 33(A)(2)?	N/A	Litton: failure to disclose recording materially prejudiced his rights	Court: no misconduct that materially prejudiced Litton; trial counsel declined offer to obtain recording; denial affirmed
Was the verdict unsupported by sufficient evidence (Crim.R. 33(A)(4))?	N/A	Litton: injuries more likely from bicycle wreck or minor spanking; insufficient proof of abuse	Court: viewed in prosecution’s favor, testimony and photos sufficed to prove domestic violence and child abuse; sufficiency upheld
Were convictions against the manifest weight because discipline was reasonable?	N/A	Litton: parental discipline defense; only a single wooden‑spoon spanking	Court: trier of fact credited child’s account of repeated severe blows and other abuse; not reasonable/ proper discipline; convictions not against manifest weight

State v. Joseph, 73 Ohio St.3d 450 (1995) (reversible discovery error requires willfulness, benefit to defense, and prejudice)
State v. Parson, 6 Ohio St.3d 442 (1983) (same standard for reversible discovery violations)
State v. Hancock, 108 Ohio St.3d 57 (2006) (abuse of discretion standard for Crim.R. 33 motions)
State v. Jenks, 61 Ohio St.3d 259 (1991) (sufficiency standard: view evidence in light most favorable to prosecution)
State v. Suchomski, 58 Ohio St.3d 74 (1991) (parental discipline defense must be proper and reasonable)