State v. Sizemore, 2019 Ohio 4400

Nov. 15, 2017: inside marital home Sizemore pointed a Glock at his wife (Logeman), racked a round, fired a shot that struck the bedroom wall less than a foot from where she stood, and issued death threats.
Logeman made an audio recording of part of the incident, repaired the hole in the wall, left Sizemore in January 2018, and later gave the recording and a statement to police; drywall and insulation recovered showed a bullet hole.
Indictment (May 2018): felonious assault with a firearm specification (second-degree felony); misdemeanors—domestic violence, aggravated menacing, and using weapons while intoxicated.
Trial (Dec. 2018): Logeman and Deputy Ritchie testified for the State; Sizemore testified claiming diminished recollection, that he used prescription drugs and meant only to scare Logeman (and sometimes intended suicide), and denied heavy alcohol use that day.
Jury convicted on all counts; Sizemore sentenced to an aggregate seven-year prison term (three years mandatory) and appealed.

Issue	State's Argument	Sizemore's Argument	Held
Whether convictions for felonious assault, aggravated menacing, and using weapons while intoxicated are against the manifest weight of the evidence	Testimony, audio, and physical evidence support that Sizemore was intoxicated, pointed and fired a gun at Logeman, and threatened her—sufficient to prove each offense	Argued testimony conflicted: he did not drink that day (or alcohol would have metabolized), he fired only to scare Logeman and did not aim at her or intend to harm her	Affirmed: weighing credibility, jury could credit victim and infer intent; convictions not against manifest weight
Whether exclusion of a November 15, 2017 text message (purportedly showing victim sought pills) was reversible error	Exclusion appropriate because defense never asked victim on cross whether she took medication that night; the text was not proper extrinsic impeachment under Evid.R. 616(C) and was not probative of ingestion	Argued text was relevant to impeach victim's credibility and cognitive state that night	Affirmed: trial court did not abuse discretion excluding the text; omission did not deny fair trial

State v. Thompkins, 78 Ohio St.3d 380 (1997) (sets standard for manifest-weight review)
State v. Woods, 48 Ohio St.2d 127 (1976) (substantial-step test for criminal attempt)
State v. Brooks, 44 Ohio St.3d 185 (1989) (pointing a deadly weapon alone may be insufficient for felonious assault)
State v. Seiber, 56 Ohio St.3d 4 (1990) (intent may be inferred from conduct and circumstances)
State v. DeHass, 10 Ohio St.2d 230 (1967) (trial court is best positioned to weigh witness credibility)
State v. Morris, 132 Ohio St.3d 337 (2012) (abuse-of-discretion standard for evidentiary rulings)