State v. Stover, 2017 Ohio 291

Background

Defendant Clifford Stover was indicted for aggravated burglary, burglary, domestic violence (with a furthermore clause alleging a prior domestic-violence conviction), and obstructing official business based on an incident at his mother’s home.
At the scene Stover forced entry, retrieved two steak knives, threatened that "somebody is going to die," pushed his mother causing her to fall, then locked himself in her bathroom; police and SWAT later removed him.
At trial the jury convicted Stover of domestic violence (including the furthermore specification) and obstructing official business, acquitted him of aggravated burglary and burglary, and acquitted on a separate specification of creating a risk of physical harm.
Stover appealed, arguing (1) insufficient evidence to prove he knowingly caused or attempted to cause physical harm (domestic violence), and (2) the domestic-violence conviction was against the manifest weight of the evidence; he also challenged whether defense counsel actually stipulated to the prior conviction that elevated the charge.
The trial court allowed the state to amend the furthermore clause to reflect a prior conviction for attempted domestic violence; the court concluded defense counsel had stipulated to the prior attempted-domestic-violence conviction during colloquy.
The appellate majority affirmed, finding sufficient evidence of domestic violence and that the verdict was not against the manifest weight of the evidence; one judge dissented, viewing the push as a noncriminal struggle for bathroom access and insufficient to show a knowing attempt to cause physical harm.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the evidence was sufficient to convict Stover of domestic violence (R.C. 2919.25(A))	The state: Stover forced entry, brandished knives, threatened death, pushed his mother so hard she fell — a reasonable trier of fact could find he knowingly caused or attempted to cause physical harm.	Stover: No physical injury occurred; the push was to get to the bathroom, not to harm, so the state failed to prove he acted knowingly.	Affirmed — sufficient evidence when viewed in the light most favorable to the state.
Whether the state proved the furthermore clause (prior conviction) by stipulation	The state: The defense stipulated to the prior conviction; attempted domestic violence is substantially similar and supports enhancement.	Stover: Record does not show a direct/valid stipulation to the prior attempted-domestic-violence conviction, so the enhancement is unsupported.	Affirmed — court found defense counsel sufficiently stipulated to the prior attempted conviction, supporting the enhancement.
Whether the conviction was against the manifest weight of the evidence	The state: Credible testimony (victim and officers) and reasonable inferences support conviction; jury credibility determinations control.	Stover: Evidence weighs against conviction; no injury and the push was for bathroom access, so the verdict is against the manifest weight.	Affirmed — appellate court concluded this was not an exceptional case warranting reversal.

Key Cases Cited

State v. Jenks, 61 Ohio St.3d 259 (defines sufficiency standard)
State v. Thompkins, 78 Ohio St.3d 380 (distinguishes sufficiency and manifest-weight review)
State v. Tate, 138 Ohio St.3d 139 (prior conviction is an essential element when it elevates a misdemeanor to a felony)
State v. Allen, 29 Ohio St.3d 53 (prior conviction must be proved when it elevates the offense)
State v. Gwen, 134 Ohio St.3d 284 (defendant may stipulate to a prior conviction to avoid jury proof)
State v. DeHass, 10 Ohio St.2d 230 (credibility and weight of evidence reserved to the trier of fact)
State v. Martin, 20 Ohio App.3d 172 (standard for granting a new trial on manifest-weight grounds)