State v. Balinski

Citations

• 2022 Ohio 3227

Syllabus

Domestic violence sufficiency of evidence manifest weight Crim.R. 29 motion for acquittal victim testimony. The trial court correctly denied a Crim.R. 29 motion for acquittal where there was sufficient evidence to convict the defendant of domestic violence. The victim testified that the defendant cohabited with her and beat her up, threw lit cigarettes at her, threw her into a refrigerator, gave her a black eye and other bruising and hit her so hard in the ribs that she was in pain for a month. The defendant's conviction for domestic violence was not against the manifest weight of the evidence either. While there were some inconsistencies in the state's case and in the victim's testimony, the victim was materially consistent when describing the physical harm that she said the defendant caused her. The existence and timing of several of her injuries were corroborated with photographs and through a police body-worn camera. And the defendant wrote letters to the victim in which he apologized for being abusive and head-butting her.