State v. Thompson
2017 Ohio 4330
| Ohio Ct. App. | 2017Background
- On April 16, 2016, Matthew Thompson and Shane Johnson filled a Riesbeck’s grocery cart with merchandise (including unpackaged meat) and attempted to leave without paying.
- Store video showed Thompson entering the meat counter and placing unpackaged meat into the cart; Johnson lingered near the exit while Thompson distracted the lone cashier.
- Store manager Neil Denton followed Johnson outside, asked for a receipt, and began to return to the store to call police.
- As Denton turned away, Thompson struck him in the head with a fist and swung a second time, facilitating their flight.
- Police apprehended Thompson and Johnson after a short pursuit; the cart with $561 of merchandise was recovered.
- A jury convicted Thompson of robbery, conspiracy to commit robbery, and theft; the trial court merged/ vacated counts and sentenced Thompson to seven years. Thompson appealed, arguing the verdict was against the manifest weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the conviction was against the manifest weight of the evidence | State: Video and witness evidence proved Thompson participated in the theft and, while fleeing, attempted to inflict physical harm, satisfying R.C. 2911.02(A)(2) | Thompson: He did not take affirmative action in the theft; Johnson committed the theft and Thompson’s involvement was insufficient for robbery | Affirmed: Court found competent, credible evidence (video + witness ID + assault during flight) supporting robbery; no manifest miscarriage of justice |
Key Cases Cited
- State v. Jenks, 61 Ohio St.3d 259, 574 N.E.2d 492 (Ohio 1991) (standard for reviewing sufficiency of the evidence)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (establishes the standard for sufficiency review: any rational trier of fact)
- State v. Martin, 20 Ohio App.3d 172, 485 N.E.2d 717 (Ohio Ct. App. 1983) (standard for manifest-weight review and new-trial exceptional-case guidance)
- State v. Thompkins, 78 Ohio St.3d 380, 678 N.E.2d 541 (Ohio 1997) (clarifies distinction between sufficiency and manifest-weight review)
- C.E. Morris Co. v. Foley Construction, 54 Ohio St.2d 279, 376 N.E.2d 578 (Ohio 1978) (judgments supported by competent, credible evidence will not be reversed)