State v. Messenger, 2012 Ohio 2692

Messenger was convicted by a jury of kidnapping, two counts of rape, felonious assault, two counts of domestic violence, and two counts of violating a protection order, with an aggregate eighteen-year sentence.
The charged incidents spanned September 2010 to October 2010 in Marion, Ohio, including a September 12 TPO and a later October confrontation resulting in sexual assaults.
The September 12 incident involved physical altercations and a temporary protection order was issued against Messenger.
The October 5–6 events included a bar confrontation, domestic violence, and Messenger allegedly raping Christi on a LaRue property, followed by transportation in a Jeep and later a Ford Explorer.
Christi Were examined by a SANE nurse; injuries included facial contusions and anal/vaginal injuries with semen detected in some samples.
Messenger testified in his defense offering alternative explanations for injuries and denying rape, claiming consensual sex and other non-culpable conduct.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Officer Foster's testimony about battered woman cycle was improper	Messenger argues Haines limits such testimony as to Christi's credibility.	Messenger claims the testimony in effect deemed Christi untrustworthy.	First assignment overruled; testimony deemed admissible as lay experience, not improper credibility testimony.
Whether trial counsel was ineffective for failing to object to numerous evidentiary matters	Messenger claims numerous evidentiary lapses were unobjected, prejudicing defense.	Counsel's objections or strategic choices were reasonable and not deficient.	Second assignment overruled; no deficient performance shown; decisions were trial strategy and not prejudicial.
Whether the convictions were against the manifest weight of the evidence	Messenger contends the State's case credibility was weak and verdicts rely on unreliable testimony.	State presented substantial corroboration; jury did not clearly lose its way.	Third assignment overruled; convictions supported by the weight of the evidence.

State v. Andrews, 2006-Ohio-3764 (3d Dist. No. 1-05-70 (2006)) (weighing evidence standard for manifest weight)
State v. Martin, 20 Ohio App.3d 172 (Ohio) (standard for manifest weight review; credibility review by appellate court)
State v. Thompkins, 78 Ohio St.3d 380 (2004) (credibility and manifest weight framework; thompkins rules)
State v. Awan, 22 Ohio St.3d 120 (1986) (appellate deference to jury credibility determinations)
State v. Braden, 98 Ohio St.3d 354 (2003) (plain error standard on unobjected trial issues)
State v. Davis, 116 Ohio St.3d 404 (2008) (prosecutorial misconduct/closing argument assessment factors)
State v. Johns, 3d Dist. No. 13-04-23 (2005) (prosecutorial misconduct analysis in closing arguments)