State v. Norris
2016 Ohio 5381
| Ohio Ct. App. | 2016Background
- On June 27, 2015, Darrell Norris (defendant) assaulted his girlfriend S.H. at their home; S.H. sustained a punched facial injury and knife lacerations requiring stitches.
- S.H.’s daughter (B.A.) and a neighbor witnessed parts of the attack; B.A. identified the knife later recovered.
- DNA from the knife blade matched S.H.’s DNA.
- Norris was indicted on felonious assault (R.C. 2903.11(A)(1)/(2), 2nd-degree felony) and domestic violence (R.C. 2919.25(A), (D)(3), 4th-degree felony, with a prior domestic-violence conviction).
- A jury convicted Norris on both counts; the trial court imposed consecutive prison terms (3 years + 15 months) and three years post-release control.
- Norris appealed, arguing (1) the offenses were allied and should merge, (2) convictions were against the manifest weight of the evidence, (3) insufficient evidence, and (4) the court erred in denying his Crim.R. 29 motion for acquittal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether felonious assault and domestic violence are allied offenses requiring merger | State: Offenses caused separate, identifiable harms (knife lacerations vs. blunt-force facial injury); therefore dissimilar import | Norris: Counts are allied offenses of similar import and should merge for sentencing | Court: No merger — separate harms shown; convictions may stand separately |
| Sufficiency of evidence for felonious assault (including deadly-weapon allegation) | State: Witnesses saw knife; DNA on blade matched victim; medical testimony confirmed knife wound needing stitches | Norris: State failed to prove serious physical harm or attempt by deadly weapon beyond reasonable doubt | Court: Evidence sufficient; conviction for felonious assault supported |
| Sufficiency of evidence for domestic violence | State: Parties cohabitated; witness testimony showed Norris knowingly caused physical harm (punching) | Norris: Insufficient proof of knowing physical harm to household member | Court: Evidence sufficient; conviction for domestic violence supported |
| Denial of Crim.R. 29 motion for acquittal; manifest-weight challenge | State: Evidence at trial, if believed, met Jenks standard and did not create a miscarriage of justice | Norris: Trial court should have granted acquittal; verdicts were against manifest weight | Court: Denial of Crim.R. 29 proper; convictions not against manifest weight; appeal overruled |
Key Cases Cited
- State v. Johnson, 128 Ohio St.3d 153, 942 N.E.2d 1061 (Ohio 2010) (framework for allied-offense analysis focusing on defendant's conduct)
- State v. Ruff, 143 Ohio St.3d 114, 34 N.E.3d 892 (Ohio 2015) (clarifies allied-offense test: offenses do not merge when they cause separate, identifiable harms, involve separate victims, or reflect separate animus)
- State v. Jenks, 61 Ohio St.3d 259, 574 N.E.2d 492 (Ohio 1991) (standard for sufficiency review: whether evidence, viewed in light most favorable to prosecution, could convince a rational trier of fact beyond a reasonable doubt)
- State v. Thompkins, 78 Ohio St.3d 380, 678 N.E.2d 541 (Ohio 1997) (standard for manifest-weight review; appellate court acts as the "thirteenth juror")