State v. Turner, 2013 Ohio 2433

Turner was charged in Summit County with theft and misuse of a credit card after a wallet containing Heather Johnson’s card was found missing at Little Tikes in Hudson, Ohio.
Johnson’s card was used at Sheetz, Circle K, and Save-A-Lot on January 3, 2012; surveillance showed Turner at Sheetz.”
Police linked Turner to the incidents via video, receipts, and Turner’s statements; a jail call corroborated use of a non-owned card.
Turner admitted to being at Sheetz but denied knowledge of a missing card; later jail call asserted use of another person’s card.
Trial court convicted Turner on both counts; she appealed challenging admissibility of evidence, sufficiency, and manifest weight.
Court of Appeals affirmed, holding evidence sufficient and not against the manifest weight; evidentiary and Crim.R.29 issues were resolved in favor of the State.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the surveillance video and receipts properly authenticated?	Turner; improper authentication under Evid.R.901.	State; authentication not required or harmless error.	Harmless error; convictions upheld.
Are the convictions against the manifest weight of the evidence?	Weight heavily favors acquittal.	Evidence supports guilt.	Not a manifest miscarriage of justice; convictions affirmed.
Was there sufficient evidence to convict for theft and misuse of a credit card?	State failed to prove control and use of the card.	Evidence insufficient.	Evidence sufficient to sustain the convictions.

State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (sufficiency and weight distinctions; standard for conviction review)
State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (plain error and standard of review when evaluating evidence)
State v. Otten, 33 Ohio App.3d 339 (9th Dist.1986) (thirteenth juror concept in manifest-weight review)
State v. Love, 2004-Ohio-1422 () (weighing all evidence; appellate review of weight)