State v. Roberson
2013 Ohio 3449
Ohio Ct. App.2013Background
- Indicted Sept. 17, 2012 for one count of domestic violence, a fourth-degree felony, R.C. 2919.25(A).
- Arraigned Sept. 21, 2012, pled not guilty; trial by jury Oct. 30, 2012.
- Stipulated prior domestic-violence conviction from Canton Municipal Case No.2012-CRB-2035 (May 31, 2012).
- Witness Melissa Wilson lived with Roberson; incident occurred Aug. 11, 2012 at Save-A-Lot, Canton.
- Witnesses Tosha Miner and Officer Jim Nixon described aggressive conduct and attempted harm; Wilson had minor or no injuries.
- Jury found Roberson guilty; trial court sentenced to 18 months; conviction affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency/manifest weight of DV conviction | Roberson: insufficient evidence | State: injury not required; attempted harm proves DV | Conviction supported; not against weight or sufficiency |
Key Cases Cited
- State v. Jenks, 61 Ohio St.3d 259 (1991) (standard for sufficiency review (Jenks))
- State v. Martin, 20 Ohio App.3d 172 (1983) (weight-of-the-evidence review)
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (manifest weight and credibility considerations)
- State v. Richey, 64 Ohio St.3d 353 (1992) (circumstantial evidence has weight)
- Blonski v. State, 125 Ohio App.3d 103 (1997) (domestic violence can convict without injury)
- Nielsen v. State, 66 Ohio App.3d 609 (1990) (injury not required for DV conviction)
- Jackson v. Virginia, 443 U.S. 307 (1979) (sufficiency standard from federal due process)