State v. Orr, 2016 Ohio 8463

Orr, an inmate at Lorain Correctional Institution, refused to dress for breakfast and resisted corrections staff.
Staff called for assistance; multiple officers attempted to dress him and he became combative.
During takedowns and transport through the facility, Orr kicked an officer and elbowed another, causing bleeding.
Orr was indicted on two counts of assault (R.C. 2903.13(A)) and one count of obstructing official business (R.C. 2921.31(A)); all felonies of the fifth degree.
A jury found Orr guilty on all counts; the court merged the obstructing count with the assaults and sentenced him to two consecutive seven-month terms, to run consecutively to another sentence.
Orr appeals asserting two assignments of error challenging sufficiency/weight of the evidence and a due-process claim alleging punitive treatment for going to trial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency/weight of assault and obstructing official business	Orr argues insufficient evidence to prove knowingly causing injuries and that convictions are against the weight of the evidence.	State contends evidence showed Orr knowingly engaged in conduct causing injuries and obstructed staff.	Convictions supported by sufficient evidence and were not against the manifest weight.
Due process—punishment for going to trial (trial tax)	Orr contends sentence increased because he went to trial, violating rights to jury trial.	State argues no trial-tax or punitive intent; no statements indicating retaliation.	Assignment II overruled; no reversible trial-tax evidence present.

State v. Lee, 158 Ohio App.3d 129 (9th Dist. 2004) (distinguishes sufficiency vs. weight of the evidence)
State v. Thompkins, 78 Ohio St.3d 380 (1997) (definition of sufficiency; standard for review)
State v. Jenks, 61 Ohio St.3d 259 (1991) (standard for reviewing convictions on appeal)
State v. Bailey, 9th Dist. Lorain No. 05CA008848, 2006-Ohio-5286 (2006) (defining knowingly in assault context; infer intent from circumstances)
State v. Otten, 33 Ohio App.3d 339 (9th Dist. 1986) (manifest weight standard; exceptional cases make reversal)
State v. Morgan, 2006-Ohio-3921 (9th Dist. Summit) (reaffirmation that appellate court defers to jury credibility)
State v. Tucker, 9th Dist. Lorain No. 13CA010339, 2016-Ohio-1353 (2016) (discusses trial-tax issue and jury trial rights)
State v. Morris, 2005-Ohio-962 (4th Dist.) (sentencing based on trial choice; restriction on trial-tax implications)
State v. Chapman, 2010-Ohio-5924 (9th Dist.) (reiterates limitations on sentencing retaliation concerns)
State v. Turner, 2014-Ohio-4460 (9th Dist. Summit) (requires unequivocal evidence that trial decision was not considered in sentencing)
State v. O’Dell, 45 Ohio St.3d 140 (1989) (due process; punishment for jury trial rights)