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State v. McCoy
2016 Ohio 1577
Ohio Ct. App.
2016
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Background

  • M.L. was waiting at a Walgreens pharmacy when Dale McCoy approached from behind and touched her buttocks; she felt finger pressure despite McCoy wearing a cast.
  • McCoy allegedly said to M.L., "you know you liked it," when confronted, and later stared and smirked at her; M.L. photographed him and reported the incident to store management.
  • McCoy was charged by private complaint with one count of sexual imposition (R.C. 2907.06(A)(1)) and pled not guilty.
  • Bench trial: M.L. and the store manager testified identifying McCoy and describing her immediate report and demeanor; McCoy testified and denied any touching or staring.
  • The trial court found M.L. credible, convicted McCoy of sexual imposition, and sentenced him to 60 days in jail.
  • McCoy appealed, arguing insufficient evidence and that the conviction was against the manifest weight of the evidence.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether evidence was sufficient to support conviction for sexual imposition (R.C. 2907.06(A)(1)) Prosecution: M.L.’s testimony, manager’s corroboration, McCoy’s comment and conduct support an inference of offensive, sexual touching McCoy: Denied any touching; claimed he never touched or stared at M.L. Court: Evidence, when viewed in prosecution’s favor, was sufficient; conviction affirmed
Whether conviction was against the manifest weight of the evidence Prosecution: Credible testimony and surrounding circumstances weigh for conviction McCoy: Trial evidence favors acquittal given his denial Court: Trial court was best situated to judge credibility; no miscarriage of justice; weight supports conviction

Key Cases Cited

  • Thompkins v. Ohio, 78 Ohio St.3d 380 (1997) (describing standard for manifest-weight review)
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Case Details

Case Name: State v. McCoy
Court Name: Ohio Court of Appeals
Date Published: Apr 18, 2016
Citation: 2016 Ohio 1577
Docket Number: CA2015-05-095
Court Abbreviation: Ohio Ct. App.