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· 7/8/2024

State v. Philpot

Citations

  • 2024 Ohio 2596

Syllabus

Appellant's convictions for gross sexual imposition were supported by sufficient evidence and were not against the manifest weight of the evidence. There is no requirement that there be direct testimony regarding sexual arousal or gratification. The jury was free to infer what appellant's motivation was in making physical contact with the victims. Further, although appellant alleged the trial court admitted improper hearsay, he failed to identify which statements he believes were objectionable. Appellant failed to comply with App.R. 12(A)(2) and 16(A)(7) by failing to identify the purported errors and to support any argument with citations to the record. In addition, appellant did not receive ineffective assistance of counsel. The extent and scope of examination or cross-examination clearly falls within the ambit of trial strategy. Appellant's remaining arguments are vague, conclusory, and unsupported by the record.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that court does “not accept as definitive” an agency’s “characterization of its decision” and that in- stead court looks to “the contents” of the action
  • “[L]egislative history is irrelevant to the interpretation of an unambiguous statute.” (quoting In re Moore, 907 F.2d 1476, 1478–79 (4th Cir. 1990)
  • “[L]egislative history is irrelevant to the interpretation of an unambiguous statute.” (quoting In re Moore, 907 F.2d 1476, 1478–79 (4th Cir. 1990)
  • “[L]egislative history is irrelevant to the interpretation of an unambiguous statute.”
  • where statutory language requires EPA only to “initiate a proceeding for the issuance of a rule or an order,” “all the district court can provide . . . is an order directing the EPA to initiate a proceeding for a rule or order”

Source: CourtListener parenthetical corpus (CC0).

Judges: Piper

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