State v. Mossburg, 2013 Ohio 1664

Mossburg was convicted by a bench trial of domestic violence with a pregnant-victim specification; convictions for rape, kidnapping, and attempted felonious assault were not sustained.
He was charged with rape, attempted felonious assault, domestic violence, and two kidnapping counts, with the pregnant-victim specification attached to two counts.
Carson, Mossburg’s pregnant girlfriend, testified they argued over Mossburg’s infidelity on January 10, 2011, after a medical ultrasound.
Carson claimed Mossburg forced sex, threatened the baby, punched her, and grabbed her by the throat; Dunikowski testified to similar threats, choking, and a knife, while disputing some details.
Mossburg admitted arguments and infidelity; he denied raping Carson or threatening her with a knife but acknowledged tension and that they argued, with a prior video interrogation largely confirming events.
The trial court found evidence supported a finding of minor physical injury; the victim was three months pregnant; Mossburg received a 12-month jail sentence with credit for time served.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Mossburg’s domestic-violence conviction is against the manifest weight of the evidence	Mossburg contends witnesses are inconsistent and not credible	State argues the trier of fact properly weighed credibility and evidence	Not against the weight; conviction affirmed

State v. Thompkins, 78 Ohio St.3d 380 (1997-Ohio-52) (set forth manifest-weight standard for appellate review)
State v. Thomas, 70 Ohio St.2d 79 (1982) (designates weight-of-the-evidence standard)
State v. DeHass, 10 Ohio St.2d 230 (1967) (credibility and weight are for the trier of fact)
State v. Clark, 8th Dist. No. 94050, 2010-Ohio-4354 (2010) (credibility is primarily for the trier of fact)
State v. Hill, 75 Ohio St.3d 195 (1996-Ohio-222) (recognizes role of the trier in assessing witness demeanor)
State v. Antill, 176 Ohio St. 61, 197 N.E.2d 548 (1964) (bearing on manifest-weight review)