State v. Martynowski, 2017 Ohio 9299

On Dec. 19, 2015, the defendant Joseph Martynowski’s girlfriend presented to the ER with a concussion, bilateral nasal fractures, facial swelling/bruising, and other contusions; she told hospital staff and police she had been assaulted by Martynowski.
Police went to Martynowski’s home that night; officers observed blood on floors and on Martynowski’s clothes and swelling to his knuckles; Martynowski admitted an argument but said his girlfriend fell and injured herself.
A grand jury indicted Martynowski for felonious assault (R.C. 2903.11(A)(1)) and domestic violence (R.C. 2919.25(A)); following a bench trial he was convicted on both counts; counts were merged and he was sentenced to four years’ imprisonment.
On appeal Martynowski raised (1) trial court error in allowing the State to impeach its own witness by admitting the girlfriend’s prior statements, (2) insufficiency of the evidence as to the date alleged, and (3) that the convictions were against the manifest weight of the evidence.
The Ninth District affirmed, holding the evidence—viewed in the light most favorable to the State—was sufficient to support felonious assault and domestic violence convictions, and that any evidentiary error did not plainly affect the outcome.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of the evidence that assault occurred on date alleged	State: hospital records, photographs, police observations, and victim statements proved assault and injuries on Dec. 19	Martynowski: State introduced only inadmissible hearsay tying the assault to the indicted date	Affirmed: viewing evidence in prosecution’s favor, a rational trier of fact could find elements proven beyond a reasonable doubt; hearsay issues do not negate sufficiency review
Admission of victim’s out-of-court statements (State impeaching its own witness)	State: statements to hospital/police were admissible and corroborated by records and physical evidence	Martynowski: trial court erred in allowing Deputy Shaw to testify to the victim’s inconsistent statements (hearsay/impeachment of State’s witness)	No reversible error: plain-error review; even if testimony erred, similar statements were in admitted medical records (stipulated) and other evidence supported conviction, so outcome not affected
Manifest weight of the evidence	State: evidence credible; convictions supported by record	Martynowski: convictions against manifest weight for same reasons as sufficiency challenge	Affirmed: defendant failed to show the trier of fact lost its way; not an exceptional case warranting reversal

State v. Thompkins, 78 Ohio St.3d 380 (discusses standard for appellate review of sufficiency and weight)
State v. Jenks, 61 Ohio St.3d 259 (establishes standard for sufficiency review: evidence reviewed in light most favorable to prosecution)
State v. Barnes, 94 Ohio St.3d 21 (sets plain-error standard in criminal cases)
State v. Long, 53 Ohio St.2d 91 (plain error applied cautiously to prevent manifest miscarriage of justice)
State v. Keck, 137 Ohio St.3d 550 (explains effect of stipulations on later evidentiary objections)