State v. Richcreek, 2021 Ohio 636

Donald J. Richcreek was indicted for murder with a firearm specification; a jury convicted him of the lesser-included offense of voluntary manslaughter (R.C. 2903.03(A)) and the firearm specification.
Facts: Richcreek, his ex (Ashley C.), and victim Anthony (his brother) were living together after a romantic dispute; Richcreek had previously fired at Ashley’s van.
On the night in question an argument escalated on the porch; Ashley testified Anthony was over Richcreek when Richcreek pulled a .38 revolver and shot Anthony twice.
Richcreek gave multiple, inconsistent statements (initially claiming a drive-by, then an accidental struggle for a gun, then self-defense); he led officers to the recovered revolver, which matched the fatal bullets.
Jury rejected the self-defense claim; Richcreek was sentenced to an indefinite term of 8–12 years for manslaughter plus a consecutive one-year firearm specification; he appealed on manifest-weight and sentencing grounds.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Richcreek)	Held
Whether the manslaughter conviction is against the manifest weight because evidence supported self-defense	Evidence supports conviction; jury heard witnesses and discredited defendant’s shifting stories	Self-defense: Ashley’s testimony and ballistic evidence show Anthony was over defendant and defendant reasonably feared imminent harm	Affirmed — jury rationally rejected self-defense; conviction not against manifest weight
Whether the sentence failed to comply with R.C. 2929.11/2929.12 (not supported by the record)	Sentence is within statutory range and court stated it considered R.C. 2929.11/2929.12	Trial court did not properly weigh statutory sentencing factors; sentence unsupported	Affirmed — sentence within statutory range, trial court said it considered required statutes; under State v. Jones appellate relief on record-support grounds is foreclosed

State v. Thompkins, 78 Ohio St.3d 380 (1997) (standard for manifest-weight review)
State v. DeHass, 10 Ohio St.2d 230 (1967) (deference to jury on witness credibility)
Eastley v. Volkman, 132 Ohio St.3d 328 (2012) (interpretation consistent with verdict when evidence allows)
State v. Marcum, 146 Ohio St.3d 516 (2016) (standard for appellate reversal of sentence under R.C. 2953.08(G)(2))
State v. Hunter, 131 Ohio St.3d 67 (2011) (manifest-weight reversal limited to exceptional cases)
State v. Payne, 114 Ohio St.3d 502 (2007) (trial court’s statement that it considered statutory sentencing factors can suffice)
Cross v. Ledford, 161 Ohio St. 469 (1954) (definition of "clear and convincing" evidence)