State v. Myers
2022 Ohio 3337
Ohio Ct. App.2022Background
- Defendant Keith L. Myers was charged after an incident on March 13, 2021, in which his stepson (G.E.) testified Myers struck him behind the left ear; G.E. had a Gerber multi-tool that he opened earlier and later produced after being hit.
- G.E. and his mother K.M. reported the incident to police; Officer Eggeman collected the multi-tool and investigated, discovering prior domestic-violence convictions for Myers in records from the 1990s.
- Myers testified at a bench trial that he acted in self-defense, claiming G.E. had a different pocketknife and struck first; Myers admitted prior guilty pleas to earlier domestic-violence charges.
- At the August 10, 2021 bench trial, the court found the State failed to prove two prior offenses but found one prior conviction proven and convicted Myers of domestic violence as a fourth-degree felony.
- Myers was sentenced to nine months imprisonment on November 15, 2021, and appealed, arguing insufficiency and manifest weight of the evidence.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Myers) | Held |
|---|---|---|---|
| Sufficiency of evidence to convict of domestic violence | Victim testimony, physical injury, multi-tool evidence, and officer testimony, if believed, prove the elements beyond a reasonable doubt | Asserted evidence insufficient; testified he acted in self-defense | Conviction supported by sufficient evidence; affirmation |
| Manifest weight / credibility of witnesses (self-defense) | Judge as factfinder properly credited victim and physical evidence; Myers's testimony was inconsistent and not credible | Myers claimed he was defending himself from a knife-wielding stepson and that victim attacked first | Judgment not against manifest weight; court credited victim and rejected self-defense |
| Proof of prior conviction for sentence enhancement under R.C. 2919.25(D) | Certified Portage County entry plus officer testimony linking defendant and defendant's admission suffice to prove at least one prior | Challenged Exhibit 9 as noncompliant with Crim. R. 32(C) because officer called it a "report/form" rather than "journal entry" | One prior conviction proven; exhibit plus testimony and defendant's admission sufficient; any technical defect was harmless |
Key Cases Cited
- State v. Jenks, 61 Ohio St.3d 259 (1991) (sets sufficiency-of-evidence standard)
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (defines manifest-weight review and "thirteenth juror" role)
- State v. Gwen, 134 Ohio St.3d 284 (2012) (discusses proving prior convictions and Criminal Rule 32(C) requirements)
- State v. DeHass, 10 Ohio St.2d 230 (1967) (deference to trier of fact on witness credibility)
- State v. Jamison, 49 Ohio St.3d 182 (1990) (self-defense determinations are credibility issues for the factfinder)
- State v. Yarbrough, 95 Ohio St.3d 227 (2002) (reiterates that the trier of fact weighs evidence and credibility)