State v. Harris

Citations

• 2024 Ohio 5603

Syllabus

Manifest weight; bench trial; actual and constructive possession. Weight of the evidence involves the inclination of the greater amount of credible evidence. The reviewing court must consider all the evidence in the record, the reasonable inferences, and the credibility of the witnesses to determine whether in resolving conflicts in the evidence, the factfinder clearly lost its way and created such a manifest miscarriage of justice that the conviction must be reversed and a new trial ordered. In a bench trial court, the trial court is presumed to know and apply the law correctly. It is well settled that possession may be either constructive or actual. Both constructive knowledge and possession may be established solely through circumstantial evidence.