State v. Robinson
2019 Ohio 3144
Ohio Ct. App.2019Background
- On Nov. 3, 2017 a 13-year-old (J.A.) was assaulted in an alley in Hamilton, Ohio; assailants stole his backpack and sneakers and fled. J.A. sustained facial injuries and a concussion.
- Appellant Gregory W. Robinson, who lived nearby, was indicted for second-degree robbery (R.C. 2911.02(A)(2)).
- J.A. consistently identified Robinson: told police on Nov. 27, 2017, picked him from a photo lineup on Dec. 21, 2017, and testified at trial that he recognized Robinson by face, clothing, and neighborhood familiarity.
- Defense presented an alibi (Brewer and Hensler) and a recanting witness (Upshaw) who said different suspects (Alvarez and Karr) committed the offense; prosecution rebutted with recorded statements and inconsistencies in defense witnesses’ accounts.
- Jury found Robinson guilty; trial court sentenced him to seven years’ imprisonment and $250 restitution. Robinson appealed, arguing the conviction was against the manifest weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether conviction was against the manifest weight of the evidence | State: J.A.’s consistent in-person ID, photo lineup selection, medical injuries, and rebuttal evidence supported conviction | Robinson: misidentification; alibi and Upshaw’s testimony point to other perpetrators; delays in ID undermine reliability | Court: Jury credibility determinations reasonable; evidence does not weigh heavily against verdict; conviction affirmed |
Key Cases Cited
- Thompkins v. Ohio, 78 Ohio St.3d 380 (1997) (defines standard for manifest-weight review)
- State v. DeHass, 10 Ohio St.2d 230 (1967) (establishes that credibility determinations are for the trier of fact)
