State v. Nero, 2012 Ohio 4033

Nero was convicted by a Stark County jury of one count of having weapons while under disability and sentenced to three years, to run concurrent with another case.
Nero has prior felony convictions that render him ineligible to possess firearms.
On July 29, 2011, Canton police responded to a domestic call at Gail Nero’s residence; Nero reportedly arrived armed with a gun.
Nero admitted taking the gun from his girlfriend’s apartment and hiding it in bushes when police arrived, intending to retrieve it later.
The revolver found was operable and loaded; officers detected an odor of alcohol but Nero appeared coherent; Nero did not testify in his defense.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of the evidence to convict	State argues evidence supports possession element beyond reasonable doubt.	Nero contends no direct physical link tying him to the gun.	Sufficient evidence supported the conviction.
Manifest weight of the evidence	State contends credibility determinations favor its version of events.	Nero claims the verdict is against the manifest weight given lack of direct linkage and intoxication claim.	Not against the manifest weight; jury credibility accommodated.

State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (sufficiency review standard after Jackson v. Virginia)
State v. Martin, 20 Ohio App.3d 172 (Ohio App.3d 1983) (manifest weight standard; deference to jury findings)
State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (manifest weight standard and credibility considerations)
State v. Jamison, 49 Ohio St.3d 182 (Ohio 1990) (credibility and weight of witness testimony; jury deference)