State v. Scruggs

Citations

• 2019 Ohio 3043

Syllabus

Manifest Weight factfinder's determination of witness credibility. In considering a manifest weight challenge, the trier of fact is in the best position to take into account inconsistencies, along with the witness's manner, demeanor, gestures, and voice inflections, in determining whether the proffered testimony is credible. Therefore, we afford great deference to the factfinder's determination of witness credibility. The jury was in the best position to view T.M. and Scruggs, to observe their demeanor, gestures, voice inflections, and then conclude who was more credible. As a result, the jury was free to accept or reject any or all of the parties' testimony, but decided to accept T.M.'s testimony that she did not and was not able to consent to sexual conduct with Scruggs because she was asleep and drunk.