State v. Melton, 2012 Ohio 2386

Melton, severely intoxicated, slept on an RTA bus on Jan 17, 2011; bus driver called RTA police.
Officer Schwab exposed Melton to ammonia to rouse him; Melton awoke and verbally abused the officers.
Officers noted heavy intoxication; Melton could not stand, so they assisted him off the bus, then tried to support him against a wall.
Melton kicked Officer Schwab as they attempted to help him; Officer Wilson tripped Melton to bring him to the ground.
Melton refused to place hands behind his back; officers handcuffed him after a struggle; injuries to Melton’s chin and lip were observed.
Dash-cam video captured the post-arrest interactions, including Melton’s inability to walk and the takedown; Melton testified inconsistently.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Weight of evidence	Melton’s conviction weighs heavily against the evidence.	Evidence is insufficient and gaping in credibility.	Convictions not against manifest weight.
Sufficiency of evidence	State presented sufficient evidence of assault and resisting arrest.	Voluntary intoxication negates required mental state; no proof of intent.	Evidence sufficient to support both convictions.
Ineffective assistance of counsel	Counsel failed to request disorderly conduct instruction and renew subpoenas.	Decisions were trial strategy; no prejudice shown.	Counsel not ineffective; no prejudice shown.

State v. Tenace, 109 Ohio St.3d 255 (2006-Ohio-2417) (necessary framework for sufficiency review)
Jackson v. Virginia, 443 U.S. 307 (1980) (standard for sufficiency: rational juror could convict)
State v. Jenks, 61 Ohio St.3d 259 (1991) (principles for appellate sufficiency review)
State v. Thompkins, 78 Ohio St.3d 380 (1997) (distinguishes sufficiency vs weight; 'thirteenth juror' concept)
State v. Wilson, 113 Ohio St.3d 382 (2007-Ohio-2202) (clarifies manifest weight standard and appellate review)
State v. Otte, 74 Ohio St.3d 555 (1996) (voluntary intoxication not a defense to mental state)