State v. Wilson, 2011 Ohio 5653

Wilson was found guilty by a jury of attempted murder and felonious assault for discharging a gun at a police officer during a foot pursuit.
Evidence included dashboard video and audio: Wilson fled, pulled a handgun, fired twice, and was eventually cornered and arrested.
The state asserted Wilson possessed and discharged a firearm; the gun was not recovered and gunshot residue tests on Wilson were negative.
Wilson challenged sufficiency of the evidence and argued the verdicts were against the manifest weight of the evidence.
Wilson also challenged the admission of a post-arrest statement to an officer, arguing Miranda rights were not explained and waiver was not valid.
The trial court admitted the statement; on appeal the court affirmed the convictions and addressed waiver and evidentiary issues.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence to prove firearm possession and discharge	State argues video/audio and pursuit testimony prove possession and discharge	Wilson contends no sufficient proof of firearm possession and discharge	Sufficient evidence supported both convictions
Manifest weight of the evidence regarding firearm possession	State relies on video/audio and officer testimony corroborating the firing	Wilson notes lack of recovered gun and negative residue tests undermine possession	Not against the manifest weight; rational juror could credit the evidence
Admission of post-arrest statement without valid Miranda waiver	State contends waiver principles permitted admission; failure to request suppression does not bar it	Wilson argues Miranda rights were not read and waiver not proven	Court properly declined to require pre-trial suppression motion; waiver valid under standards

State v. Yarbrough, 95 Ohio St.3d 227 (2002-Ohio-2126) (sufficiency framework; Jackson v. Virginia standard)
Jackson v. Virginia, 443 U.S. 307 (1979) (sufficiency of evidence standard)
State v. Widner, 69 Ohio St.2d 267 (1982) (firearm as a deadly weapon; inferable intent)
State v. Mackey, 8th Dist. No. 75300 (1999) (inference from firearm discharge supports intent)
State v. Johnson, 128 Ohio St.3d 153 (2010-Ohio-6314) (merger and single act; sentencing consolidation)
Otten, 33 Ohio App.3d 339 (1986) (weight of the evidence and appellate review)
DeHass, 10 Ohio St.2d 230 (1967) (credibility assessment; replacing witness testimony)
Antill, 176 Ohio St. 61 (1964) (factfinder credibility and appellate deference)
Maness v. Meyers, 419 U.S. 449 (1975) (self-incrimination waiver generally must be asserted)
Emspak v. United States, 349 U.S. 190 (1955) (waiver and invocation principles for right against self-incrimination)
State v. Campbell, 69 Ohio St.3d 38 (1994) (pretrial suppression motions requirement and waiver)