State v. Gregory

Citations

• 2023 Ohio 1700

Syllabus

In believing the state's witnesses, the trial court did not lose its way or create a manifest miscarriage of justice. The decision whether to credit the testimony of particular witnesses, and to what extent, is within the peculiar competence of the factfinder, who has seen and heard the witness. In a bench trial, the trial court acts as the factfinder and determines both the credibility of the witnesses and the weight of the evidence. The consistency of the victim's story and the considerable time between the incident and trial meant inconsistencies in testimony did not undermine witness credibility.