State v. Morris
2017 Ohio 1514
| Ohio Ct. App. | 2017Background
- Defendant Robert J. Morris II was charged with one count of misdemeanor domestic violence (R.C. 2919.25(A)) for allegedly hitting his mother, Mary Lee Morris, in her Warren Township home on September 25, 2015.
- Bench trial before Warren Municipal Court; electronic recording of the trial malfunctioned, so the appellate record is the trial court–approved statement of the evidence per App.R. 9(C).
- Victim (mother) testified she was struck in the head by her son, fell, then struck her nose on a table causing bleeding; she described being hit with a "heavy hand."
- Sergeant Peterson testified he was dispatched after a report of an assault, observed marks and blood on the victim, saw broken dishes and blood in the kitchen, and said the victim’s injuries were consistent with being punched; he testified Morris admitted hitting the stove but denied hitting his mother.
- Defendant testified he did not strike his mother; he attributed her injuries to prior falls caused by an infected/damaged foot and acknowledged breaking a dish when slamming his fist on the stove.
- Trial court found defendant guilty and sentenced him; defendant appealed arguing the conviction was against the manifest weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether conviction is against the manifest weight of the evidence | State: Victim’s testimony, officer’s observations, and circumstances support conviction for knowingly causing physical harm | Morris: Mother’s history of falls and infected foot explain injuries; trial court should have believed him | Affirmed: Court gave deference to factfinder’s credibility determinations and found weight supported conviction |
| Whether inconsistencies (time, prior falls) vitiate victim’s credibility | State: Minor inconsistencies understandable given assault context and do not undermine verdict | Morris: Time discrepancy and past falls impeach mother’s account and create reasonable doubt | Rejected: Court found inconsistencies inconsequential and other evidence corroborative |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (standard for manifest-weight review)
- State v. Martin, 20 Ohio App.3d 172 (1983) (formulation quoted for manifest-weight reversal standard)
- State v. Long, 127 Ohio App.3d 328 (1998) (appellate courts lack opportunity to observe witness demeanor; give deference to factfinder)
- State v. DeHass, 10 Ohio St.2d 230 (1967) (appellate deference to trial court credibility determinations)