State v. Sales, 2011 Ohio 2505

Sales attacked Lt. Edwards at Portage Path Psychiatric Emergency Services, knocking him unconscious and choking him while reaching for the gun.
Sales was indicted on aggravated robbery, attempted murder, felonious assault, and aggravated menacing, each with a repeat violent offender specification.
The jury convicted Sales of aggravated robbery, attempted murder, and felonious assault; he was acquitted of aggravated menacing.
Sales was sentenced to an aggregate term of 22 years in prison.
Sales appealed challenging manifest-weight and evidentiary rulings from the trial court.
The court affirmed the convictions and rejected both assignments of error.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of taped witness statements for impeachment	Sales sought admission of police interview tapes for impeachment	Court should admit tapes as extrinsic impeachment evidence under Evid.R. 613(B)	Court did not abuse discretion; tapes not admitted for impeachment evidence
Convictions against manifest weight of the evidence	Weight of the evidence supports reversal	Evidence supports the jury’s verdict	Convictions not against the manifest weight; evidence supported each verdict

State v. Otten, 33 Ohio App.3d 339 (Ohio App.3d 1986) (weight-of-the-evidence standard; thirteenth juror concept)
State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (weight and credibility review; discretionary new trial)
State v. Martin, 20 Ohio App.3d 172 (Ohio App.3d 1983) (exceptional-case standard for reversing weight of the evidence)
State v. Redwine, No. CA2006-08-011, 2007-Ohio-6413 (Ohio 12th Dist.) (loss of consciousness can establish serious physical harm)
State v. Lee, No. L-06-1384, 2008-Ohio-253 (Ohio 6th Dist.) (serious physical harm can be inferred where victim seeks medical treatment)
State v. Mulvey, No. 07 BE 31, 2009-Ohio-6756 (Ohio 7th Dist.) (extrinsic-impeachment rules when witness admits making prior statements)