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State v. Lunsford
2020 Ohio 965
Ohio Ct. App.
2020
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Background

  • Defendant Tracy W. Lunsford was charged with one count of misdemeanor assault (R.C. 2903.13(A)) for allegedly striking G.M. in the back of the head on May 1, 2019.
  • Bench trial held June 25, 2019; witnesses were the victim (G.M.), Officer Moebius, and Lunsford.
  • G.M. testified Lunsford, while agitated and saying he had not taken medication, cursed her, punched her once in the back of the head as she left, followed her outside, threw a rock at her daughter’s car, and made threats. She reported the incident and gave a written statement.
  • Lunsford denied touching G.M., said she was belligerent, and claimed the encounter lasted only seconds as he told her to leave.
  • The trial court credited G.M.’s testimony, found Lunsford guilty, and sentenced him to 180 days in jail (173 suspended), two years community control, and a $300 fine plus costs.
  • On appeal Lunsford argued the conviction was against the manifest weight of the evidence, citing lack of corroboration and alleged victim incredibility.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the conviction was against the manifest weight of the evidence State: victim’s testimony, if believed, proved assault beyond a reasonable doubt Lunsford: G.M. not credible; no corroborating injury evidence or eyewitnesses Affirmed — court credited the victim; credibility is for the trier of fact and corroboration is not required for assault convictions

Key Cases Cited

  • State v. Wilks, 154 Ohio St.3d 359 (2018) (describes manifest-weight standard and appellate review limits)
  • State v. DeHass, 10 Ohio St.2d 230 (1967) (trial court — not appellate court — resolves witness credibility)
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Case Details

Case Name: State v. Lunsford
Court Name: Ohio Court of Appeals
Date Published: Mar 16, 2020
Citation: 2020 Ohio 965
Docket Number: CA2019-07-116
Court Abbreviation: Ohio Ct. App.