2021 Ohio 1103
Ohio Ct. App.2021Background:
- Kyle Smallwood was indicted for assaulting a peace officer (R.C. 2903.13) after a June 13, 2019 incident; jury convicted and trial court sentenced him to 17 months' imprisonment.
- Deputies responded after a resident reported Smallwood kicking a door; Deputy Brandon Young encountered Smallwood, identified himself, and repeatedly asked Smallwood to keep his hands out of his pockets.
- Young searched Smallwood, told him he had a warrant, grabbed Smallwood’s left arm when Smallwood continued toward the house; Young testified Smallwood pulled away, struck Young near his right eye, threatened him, then fled but soon surrendered.
- Eyewitness Michael Berryhill testified at trial that he saw Smallwood and Young fighting, but Berryhill had not mentioned a fight in his initial statement to police.
- Officer Ron Martin photographed a bruise on Young’s cheek; photographs were admitted at trial. Smallwood did not testify or present evidence on his own behalf.
- Smallwood appealed, arguing the conviction was against the manifest weight of the evidence based on Berryhill’s impeachment; the Fourth District affirmed.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the conviction is against the manifest weight of the evidence | State: testimony of Deputy Young, Berryhill’s eyewitness account, and photos of Young’s injury provide substantial credible evidence | Smallwood: Berryhill’s failure to mention a fight in his initial statement impeaches his trial testimony and undermines the verdict | Court affirmed: jury credibility determinations upheld; even without Berryhill, Young’s testimony and injury photos supply substantial evidence, so no manifest miscarriage |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380, 678 N.E.2d 541 (Ohio 1997) (sets forth standard for manifest-weight review)
- State v. Frazier, 73 Ohio St.3d 323, 652 N.E.2d 1000 (Ohio 1995) (trial court is primary factfinder on witness credibility)
- State v. Grant, 67 Ohio St.3d 465, 620 N.E.2d 50 (Ohio 1993) (deference to factfinder’s assessment of demeanor and credibility)
- State v. Johnson, 58 Ohio St.3d 40, 567 N.E.2d 266 (Ohio 1991) (appellate courts may not reverse where substantial evidence supports conviction)
- State v. Eskridge, 38 Ohio St.3d 56, 526 N.E.2d 304 (Ohio 1988) (substantial evidence standard for affirming convictions)