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State v. Marshall

Court of Appeals of Ohio, Twelfth District, Madison

December 28, 2017

STATE OF OHIO, Plaintiff-Appellee,
v.
JEREMY J. MARSHALL, Defendant-Appellant.

         CRIMINAL APPEAL FROM MADISON COUNTY MUNICIPAL COURT Case No. CRB1600311

          Stephen J. Pronai, Madison County Prosecuting Attorney, Kirsten Gross, for plaintiff-appellee.

          Shannon M. Treynor, for defendant-appellant.

          OPINION

          M. POWELL, J.

         {¶ 1} Defendant-appellant, Jeremy Marshall, appeals from his domestic violence conviction in the Madison County Municipal Court. For the reasons discussed below, this court affirms Marshall's conviction.

         {¶ 2} On April 29, 2016, the Madison County Sheriffs Office filed a complaint charging Marshall with one count of domestic violence, a violation of R.C. 2919.25(C), a fourth-degree misdemeanor. The complaint arose after Marshall called 9-1-1 and alleged that his mother kicked him during a fight. A responding deputy determined that Marshall was the primary aggressor and arrested him.

         {¶ 3} The matter proceeded to a bench trial in October 2016. The state introduced testimony from Kathleen Marshall (Marshall's mother), Beth Ann Marshall (Marshall's sister), and the responding deputy. The court found Marshall guilty. Marshall appeals, raising four assignments of error. For ease of analysis, we address certain assignments of error collectively and out of order.

         {¶ 4} Assignment of Error No. 3:

         {¶ 5} THE PROSECUTION FAILED TO PRESENT SUFFICIENT EVIDENCE TO SUPPORT A CONVICTION, BY FAILING TO MEET ALL THE ELEMENTS OF THE OFFNESE BY PROOF BEYOND A REASONABLE DOUBT.

         {¶ 6} Assignment of Error No. 4:

         {¶ 7} THE DEFENDANT'S CONVICTION IS AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE.

         {¶ 8} In his third and fourth assignments of error Marshall challenges the sufficiency and the weight of the evidence supporting his conviction. Marshall argues that the state failed to submit sufficient evidence that he committed a threatening act towards Kathleen or that Kathleen believed that Marshall would cause her physical harm. Marshall otherwise argues that his conviction was not supported by the weight of the evidence because the court found that Kathleen was not afraid of Marshall.

         {¶ 9} When reviewing the sufficiency of the evidence underlying a criminal conviction, an appellate court examines the evidence to determine whether such evidence, if believed, would convince the average mind of the defendant's guilt beyond a reasonable doubt. State v. Bradbury, 12th Dist. Butler No. CA2015-06-111, 2016-Ohio-5091, ¶ 16. The "relevant inquiry is whether, after viewing the evidence in a light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt." State v. Jenks, 61 Ohio St.3d 259 (1991), paragraph two of the syllabus.

         {¶ 10} A manifest weight of the evidence challenge, on the other hand, examines the "inclination of the greater amount of credible evidence, offered at a trial, to support one side of the issue rather than the other." State v Barnett, 12th Dist. Butler No. CA2011-09-177, 2012-Ohio-2372, ¶ 14. To determine whether a conviction is against the manifest weight of the evidence, the reviewing court must look at the entire record, weigh the evidence and all reasonable inferences, consider the credibility of the witnesses, and determine whether in resolving the conflicts in the evidence, the trier of fact clearly lost its way and created such a manifest miscarriage of justice that the conviction must be reversed and a new trial ordered. Id. An appellate court will overturn a conviction due to the manifest weight of the evidence only in extraordinary circumstances when the evidence presented at trial weighs heavily in favor of acquittal. Id. at ...


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