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State v. Martino
2018 Ohio 2882
Ohio Ct. App.
2018
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Background

  • Defendant Crystal Martino was convicted after a bench trial in Hamilton Municipal Court of two counts of domestic violence (R.C. 2919.25(A)) arising from separate incidents on June 24 and July 8, 2017.
  • June 24 incident: Victim L.C. testified Martino struck her in the face with keys, causing a cut above the right eye that required stitches; Martino admitted the keys hit L.C. but said it was accidental.
  • July 8 incident: Victim S.G. testified Martino pulled her from bed, wrestled with her, then struck her in the head and chest; Martino denied pulling or striking S.G., admitting only that she pushed back after being pushed.
  • Trial court expressly found the victims (L.C. and S.G.) credible and discredited Martino and her mother, Lana Terry.
  • Martino appealed, arguing her convictions were against the manifest weight of the evidence.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether convictions were against the manifest weight of the evidence State: Victims’ credible testimony and trial court findings support convictions Martino: Conflicting testimony and asserted accidental/reciprocal conduct mean convictions are against manifest weight Affirmed — appellate court will not disturb trial court credibility findings; evidence did not weigh heavily in favor of acquittal

Key Cases Cited

  • DeHass v. State, 10 Ohio St.2d 230 (establishes appellate deference to trial-court credibility determinations and that weight/credibility are primarily for the trier of fact)
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Case Details

Case Name: State v. Martino
Court Name: Ohio Court of Appeals
Date Published: Jul 23, 2018
Citation: 2018 Ohio 2882
Docket Number: CA2017-09-139
Court Abbreviation: Ohio Ct. App.