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State v. Henning

Court of Appeals of Ohio, Ninth District, Summit

June 5, 2019

STATE OF OHIO Appellee
v.
CHAD HENNING Appellant

          APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CR-2018-02-0472

          BRIAN J. WILLIAMS, Attorney at Law, for Appellant.

          SHERRI BEVAN WALSH, Prosecuting Attorney, and JACQUENETTE S. CORGAN, Assistant Prosecuting Attorney, for Appellee.

          DECISION AND JOURNAL ENTRY

          THOMAS A. TEODOSIO, JUDGE

         {¶1} Defendant-Appellant, Chad Henning, appeals from the judgment of the Summit County Court of Common Pleas. This Court affirms.

         I.

         {¶2} L.R. is the mother of Mr. Henning's two children. Early one evening, she called 911 because Mr. Henning had come to her home and had "choked [her] out." The officer who responded spoke with L.R. and learned that Mr. Henning had strangled her while the two were having an argument. The officer took pictures of her injuries and had her complete a written statement. L.R. was hesitant to press charges, however, as Mr. Henning had two previous domestic violence convictions, she loved him, and she did not want him to go to jail. The officer ultimately told L.R. that he would sign the charge against Mr. Henning once he filed his report.

         {¶3} Within two hours of the officer's departure, L.R. attempted to retract her statement. She called 911 and told the operator that she had falsely accused Mr. Henning because she was angry with him. Though she wished to have any potential charges withdrawn, the case nonetheless proceeded. A grand jury indicted Mr. Henning on one count of domestic violence, a third-degree felony due to his two prior domestic violence convictions.

         {¶4} At Mr. Henning's trial, the State presented the testimony of two officers, as well as sound recordings of L.R.'s 911 calls and several jail calls. Meanwhile, L.R. took the stand for the defense and declared Mr. Henning innocent. Despite her testimony, the jury found Mr. Henning guilty of domestic violence. It further found that he had been convicted of domestic violence on two prior occasions. The court sentenced him to 18 months in prison.

         {¶5} Mr. Henning now appeals from his conviction and raises three assignments of error for our review. For ease of analysis, we rearrange the assignments of error.

         II.

         ASSIGNMENT OF ERROR THREE

         APPELLANT'S CONVICTION WAS AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE.

         {¶6} In his third assignment of error, Mr. Henning argues that his conviction is against the manifest weight of the evidence. We do not agree.

         {¶7} This ...


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