State v. Richardson, 2018 Ohio 947

In December 2016 a gasoline-filled plastic bottle with a rag (an incendiary device) was thrown through Jennifer Cox’s bedroom window; the rag had been lit but burned out and occupants smelled gasoline. No fire occurred but investigator testified device posed substantial risk of serious physical harm.
Cox testified appellant Roje Richardson had lived with her earlier in 2016, had previously threatened and abused her, sent persistent texts the evening of the incident, and she identified him as the person she believed outside her home that night.
Cox’s son testified he saw a man at the shed opening and closing it with what he inferred was a key; a shed key was missing from the house. Fire investigator recovered the bottle and other items; DNA from the mouth of the bottle matched Richardson as a major contributor.
Defense witnesses (Robyn Williams and Richardson) testified Richardson spent most of the evening out of town/with Williams and denied involvement; Williams’ Snapshot data was never produced and she admitted Richardson left briefly from the motel that night and later asked her to wash his clothes.
Jury convicted Richardson of two counts of attempt to commit aggravated arson; counts merged for sentencing and he received seven years’ imprisonment and was designated an arson offender required to register upon release.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency/manifest weight of evidence of attempted aggravated arson	State: DNA on bottle, witness identifications, texts and circumstantial timeline support conviction	Richardson: ID evidence unreliable, lack of forensic proof he committed the act	Court: Evidence (DNA, eyewitnesses, context) sufficient; verdict not against manifest weight
Admission of prior-bad-acts testimony (threats/abuse)	State: Evidence admissible to show motive, pattern, context	Richardson: Testimony was impermissible character evidence under Evid.R. 404(B)	Court: Admission proper for motive/pattern; limiting instruction given; no abuse of discretion
Constitutionality of Ohio arson-offender registry (separation of powers)	State: Scheme valid (argument that trial court record lacks specific challenge)	Richardson: Registry violates separation of powers	Court: Issue waived (not raised with specificity at trial); appellate review denied

State v. Jenks, 61 Ohio St.3d 259 (on sufficiency standard following Jackson)
Jackson v. Virginia, 443 U.S. 307 (sufficiency review standard)
State v. Martin, 20 Ohio App.3d 172 (manifest-weight standard/new-trial exceptional case)
State v. Thompkins, 78 Ohio St.3d 380 (clarifying manifest-weight standard)
State v. DeHass, 10 Ohio St.2d 230 (credibility and role of trier of fact)
Davis v. Flickinger, 77 Ohio St.3d 415 (deference to jury’s view of witness demeanor)
State v. Morris, 132 Ohio St.3d 337 (trial court discretion on evidence admission)
State v. Hymore, 9 Ohio St.2d 122 (appellate reluctance to disturb trial court discretion)
State v. Brady, 119 Ohio St.3d 375 (definition of abuse of discretion)
State v. Awan, 22 Ohio St.3d 120 (failure to raise constitutional challenge at trial waives issue)
State v. DeMastry, 155 Ohio App.3d 110 (juror compliance with limiting instructions presumed)