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2012 Ohio 3674
Ohio Ct. App.
2012
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Background

  • Fincham lived with Pedro for 1–2 weeks in his North Jackson home in a mother-in-law suite.
  • On May 13, 2011, Fincham alleges Pedro punched her in the face, grabbed her shirt/throat, and threw her against a wall.
  • Pedro admits conflict over Fincham talking to other men, attempting to pack her belongings and remove her from the home; he denies punching or throwing her.
  • Corporal Lyons responded to the scene, observed injuries and documented Fincham’s account; Pedro was arrested and charged with domestic violence under R.C. 2919.25(A).
  • The case proceeded to a bench trial resulting in a conviction for domestic violence; sentencing included 180 days in jail with 175 suspended, a $500 fine, and 12 months of community control.
  • Appellant appeals on the sole issue that the conviction is against the manifest weight of the evidence, asserting credibility assessments and conflicting testimony undermine the verdict.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the conviction for domestic violence was against the manifest weight of the evidence. Pedro argues the record shows two conflicting, credible versions and no overwhelming evidence of injury. Pedro contends the verdict rests on flawed credibility determinations and possible misreading of evidence. The weight standard is satisfied; credibility determinations support the verdict; no manifest miscarriage of justice.

Key Cases Cited

  • State v. Thompkins, 78 Ohio St.3d 380 (1997) (weight of evidence; appellate review of credibility and inference weighing)
  • State v. Martin, 20 Ohio App.3d 172 (1983) (two reasonable views of the evidence; not automatic reversal)
  • State v. DeHass, 227 N.E.2d 212 (1967) (testimony credibility and conflicting evidence are for the trier of fact)
  • State v. Hill, 661 N.E.2d 1068 (1996) (standard for weighing witness credibility on appeal)
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Case Details

Case Name: State v. Pedro
Court Name: Ohio Court of Appeals
Date Published: Jul 30, 2012
Citations: 2012 Ohio 3674; 11-MA-128
Docket Number: 11-MA-128
Court Abbreviation: Ohio Ct. App.
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