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