State v. Pearson, 2017 Ohio 8396

On Sept. 12, 2016, Tyree Pearson allegedly struck Antoinette Law in the head/ear with a piece of pavement outside the 12th Street Market in Canton, Ohio. Law required sutures and staples and was treated for a concussion; scars remained.
Law and Pearson had a prior intimate relationship and had lived together; relationship ended weeks before the incident.
Pearson was indicted on one count of felonious assault (serious physical harm and/or by a deadly weapon) and one count of domestic violence (with two prior domestic-violence convictions alleged).
At trial the State presented Law, an eyewitness (Samuel Hoefler), police testimony, the pavement, photos, and medical records; prior domestic-violence convictions were admitted without objection.
Pearson testified, denied striking Law, but admitted prior convictions for domestic violence and other felonies; the jury convicted on both counts and the court sentenced him to an aggregate five-year prison term.
On appeal Pearson argued the convictions were against the sufficiency and manifest weight of the evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for felonious assault	State: testimony, eyewitness, physical exhibit and medical records prove knowing use of a deadly-weapon/bludgeon causing serious physical harm	Pearson: challenges witness credibility and disputes that he struck Law	Affirmed — viewed in light most favorable to State, evidence could convict beyond reasonable doubt
Serious physical harm/dangerous weapon finding	State: lacerations, concussion, sutures/staples establish serious physical harm; pavement used as bludgeon is a deadly weapon when used offensively	Pearson: disputes facts and credibility	Affirmed — medical proof of serious harm and jury could find pavement was used as a deadly weapon
Domestic-violence conviction (relationship element & prior convictions)	State: Law and Pearson lived together within five years and prior convictions were admitted/stipulated	Pearson: does not contest cohabitation evidence on appeal; contests overall verdict	Affirmed — cohabitation and stipulated priors supported conviction
Manifest weight of the evidence	State: evidence and witnesses credible; jury properly weighed credibility	Pearson: argues jury lost its way due to conflicting testimony	Affirmed — appellate court finds no miscarriage of justice; jury credibility determinations upheld

State v. Jenks, 61 Ohio St.3d 259, 574 N.E.2d 492 (standard for sufficiency review)
State v. Huff, 145 Ohio App.3d 555, 763 N.E.2d 695 (knowledge may be inferred from surrounding facts and act itself)
State v. Elliott, 104 Ohio App.3d 812, 663 N.E.2d 412 (subjective knowingness decided on objective criteria)
In re J.T., 143 Ohio St.3d 516, 39 N.E.3d 124 (discussing objects used as weapons when carried/used for offensive purposes)
State v. Thompkins, 78 Ohio St.3d 380, 678 N.E.2d 541 (manifest-weight standard; appellate court as "thirteenth juror")
State v. DeHass, 10 Ohio St.2d 230, 237 N.E.2d 212 (credibility and weight are for the trier of fact)
Antill v. State, 176 Ohio St. 61, 197 N.E.2d 548 (jury may accept portions of testimony and reject others)