Attorney Grievance v. Reed

Manifest weight of the evidence conflicting testimony credibility determination. Defendant was convicted after trial of abduction and assault. Defendant asserted on appeal his convictions were against the manifest weight of the evidence because of contradictions in the victim's testimony and her actions as well as contradictions with other testimony. The determination of credibility and resolving conflicts in testimony and evidence rest solely with the finder of fact, and an appellate court may not substitute its own judgment for that of the finder of fact. After review of the record, the finder of fact did not clearly lose its way and create a manifest miscarriage of justice necessitating reversal of defendant's convictions.

Appellant's convictions for felonious assault, improper handling of a firearm in a motor vehicle, discharge of a firearm on or near a prohibited premises, and having a weapon under disability were not against the manifest weight of the evidence, as the weight of the evidence established that Appellant was the individual who fired gunshots at the police cruiser in question. In addition, pursuant to our prior decision in State v. McComb, 2017-Ohio-4010, 91 N.E.3d 255 (2d Dist.), and the Supreme Court of Ohio's recent decision in State v. Carnes, 2018-Ohio-3256, ___ N.E.3d ___, the use of a juvenile adjudication to support a charge of having a weapon under disability does not violate a defendant's constitutional right to due process. Judgment affirmed.