State v. Swogger
2025 Ohio 1003
Ohio Ct. App.2025Background
- George Swogger was convicted of third-degree felony domestic violence after an incident involving his girlfriend, J.H., in their shared apartment in Canton, Ohio.
- The altercation followed an argument; Swogger struck J.H. multiple times, resulting in significant physical injuries, including neck damage and a sprained wrist.
- J.H. reported the incident to her case manager and later to hospital staff and police; evidence included both her testimony and medical findings.
- Swogger was acquitted of a more serious felonious assault charge but convicted on the domestic violence charge, based on evidence and Swogger’s stipulated prior convictions.
- On appeal, Swogger challenged the sufficiency and weight of the evidence and the trial court’s refusal to appoint substitute counsel shortly before trial.
Issues
| Issue | Plaintiff’s Argument | Defendant’s Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for domestic violence conviction | Evidence, including victim's testimony and medical findings, established all statutory elements | Testimony wasn’t credible; alternative cause for injuries (alleged fight with 'Chocolate') | Sufficient evidence supported conviction |
| Whether conviction was against manifest weight of evidence | Jury reasonably found J.H.'s account credible; her testimony matched her injuries | Jury should’ve believed Ott’s account of a fight with ‘Chocolate’ | Conviction not against manifest weight; jury’s credibility determination upheld |
| Denial of substitute counsel | No good cause shown; request was last-minute and judge inquired adequately | Breakdown in attorney-client relationship; attorney failed to pursue key evidence | Denial upheld as within trial court’s discretion |
Key Cases Cited
- State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (standard for reviewing sufficiency of evidence on appeal)
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (manifest weight review; role of appellate court as thirteenth juror)
- State v. Cowans, 87 Ohio St.3d 68 (Ohio 1999) (standard for substitution of court-appointed counsel)
- Seasons Coal Co., Inc. v. City of Cleveland, 10 Ohio St.3d 77 (Ohio 1984) (deference to trier of fact on credibility)