State v. Risch, 2011 Ohio 3633

Risch was convicted in Wyandot County Court of Common Pleas of multiple sex offenses and sentenced to 51 months total.
An indictment issued Sept. 22, 2009 charged eleven counts (various gross sexual imposition, sexual imposition, and public indecency); counts 10 and 11 were severed for trial.
A jury trial on counts 1–9 resulted in guilty verdicts on counts 1–4 and 8, not guilty on counts 5–7, and a hung verdict on count 9.
On Nov. 4, 2010, Risch pled no contest to amended count 10 (gross sexual imposition) which would become a fourth-degree felony; counts 9 and 11 were dismissed.
Sentencing and a sexual offender status hearing on Dec. 7, 2010 classified Risch as a Tier II offender; final aggregate term was 51 months in prison.
Risch appeals asserting (a) insufficiency and/or weight of the evidence supporting his convictions, and (b) ineffective assistance of counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency/weight of convictions	Risch argues convictions are not supported by sufficient or weighty evidence.	Risch argues the evidence failed to prove essential elements beyond a reasonable doubt and/or that the weight favors acquittal.	Convictions supported by sufficient evidence; not against the manifest weight.
Ineffective assistance of counsel	Risch claims counsel failed to adequately cross-examine and impeach witnesses and to use available materials.	Risch contends trial counsel's performance prejudiced the defense.	No showing of deficient performance or resulting prejudice; ineffective-assistance claim failed.

State v. Thompkins, 78 Ohio St.3d 380 (1997) (weight-of-the-evidence standard; credibility of witnesses assessed by jury)
State v. Thompson, 127 Ohio App.3d 511 (1998) (credibility and appellate deference to jury findings)
State v. Cassano, 96 Ohio St.3d 94 (2002) (ineffective-assistance standard; reasonable probability of different outcome required)