State v. Bickerstaff

Summary

The Ohio Fifth District Court of Appeals affirmed Terry L. Bickerstaff’s third-degree felony assault conviction arising from an altercation with a corrections officer at Mansfield Correctional Institution. The court held that sufficient evidence supported the conviction because Bickerstaff admitted swinging at the officer, and the evidence showed an attempt to cause physical harm and supported a finding of actual physical harm.

Holdings

1. A conviction under R.C. 2903.13(A) does not require proof that the defendant actually caused physical harm; proof that the defendant attempted to cause physical harm is sufficient.
2. Sufficient evidence supported Bickerstaff's third-degree felony assault conviction because the evidence, viewed in the light most favorable to the State, allowed a rational trier of fact to find beyond a reasonable doubt that he attempted to cause physical harm to a corrections officer.

Questions Presented

1. Whether sufficient evidence supported Bickerstaff's conviction for third-degree felony assault.
2. Whether the State was required to prove that the corrections officer suffered actual physical injury or whether proof that Bickerstaff attempted to cause physical harm was sufficient.

Disposition

affirmed