State v. Thomin, 2020 Ohio 4625

Terry Lee Thomin was indicted on felonious assault (R.C. 2903.11(A)(1)) and kidnapping (R.C. 2905.01(A)(3)), each with a repeat violent offender specification, for an April 23, 2019 attack on C.M.
The bill of particulars alleged Thomin struck C.M. repeatedly (face, abdomen, midsection), tied/hogtied her, poured lighter fluid on her, held a knife to her throat, and drew an "X" on her abdomen where he repeatedly struck her.
C.M., a self‑reported heroin and meth user, sought medical care days later; she was found to have severe bruising and a ruptured spleen that required emergency surgery.
At a two‑day jury trial the state presented five witnesses including C.M. and the surgeon; Thomin presented no witnesses.
The jury convicted Thomin of felonious assault and kidnapping; the trial court imposed an aggregate mandatory minimum of 19 years (maximum 24.5 years) and notified of a five‑year postrelease control term.
Thomin appealed, arguing insufficiency of the evidence and that the convictions were against the manifest weight of the evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Felonious assault — whether the state proved "serious physical harm"	C.M.'s testimony, photos, and medical evidence showed severe bruising, broken nose, prolonged pain, and a ruptured spleen requiring surgery — meeting "serious physical harm."	Thomin argued evidence was insufficient to prove he caused serious physical harm and pointed to inconsistencies and C.M.'s drug use.	Court: Evidence was sufficient; injuries and treatment supported finding of serious physical harm.
Kidnapping — whether the state proved restraint by force or threat for purpose of inflicting serious physical harm/terrorizing	Testimony that Thomin hogtied C.M., held a knife to her throat, stood in the doorway preventing exit, threatened violence, and physically controlled her behavior established force/threat and restraint.	Thomin contended the state failed to prove restraint by force or threat.	Court: Evidence overwhelming that Thomin restrained C.M. by force/threat; conviction affirmed.
Manifest weight — whether the convictions were against the manifest weight of the evidence	The jury was entitled to credit C.M.'s testimony and other evidence; the greater weight of credible evidence supports conviction.	Thomin argued C.M.'s testimony was inconsistent and affected by drug use, undermining credibility.	Court: Jury credibility determinations stand; no miscarriage of justice; convictions not against manifest weight.

State v. Grinstead, 194 Ohio App.3d 755 (12th Dist. 2011) (discussing sufficiency as a question of law)
State v. Jenks, 61 Ohio St.3d 259 (1991) (standard for sufficiency review — view evidence in light most favorable to prosecution)
State v. DeHass, 10 Ohio St.2d 230 (1967) (deference to the trier of fact on witness credibility)
State v. Wilks, 154 Ohio St.3d 359 (2018) (framework for manifest‑weight review)
State v. Myers, 154 Ohio St.3d 405 (2018) (verdict can be against manifest weight despite legal sufficiency)
State v. Kirkland, 140 Ohio St.3d 73 (2014) (court defers to factfinder on credibility determinations)