Summary
The Supreme Court of Ohio held that when a reviewing court determines that a criminal conviction is against the manifest weight of the evidence, the proper remedy is a new trial. The court reversed the Eighth District Court of Appeals’ reduction of Sharon D. Fips’s assault conviction to disorderly conduct and remanded for a new trial.
Holdings
- A new trial is the appropriate remedy when a reviewing court determines that a criminal conviction is against the manifest weight of the evidence; the reviewing court may not reduce the conviction to a lesser included offense.
Questions Presented
- When a reviewing court determines that a criminal conviction is against the manifest weight of the evidence, may it reduce the conviction to a lesser included offense, or must it order a new trial?
Disposition
reversed_and_remanded
Cases Cited (7)
- State v. Robinson, 162 Ohio St. 486, 124 N.E.2d 148 (1955)(followed)
- State v. Geghan, 166 Ohio St. 188, 140 N.E.2d 790 (1957)(followed)
- State v. Thompkins, 78 Ohio St. 3d 380, 678 N.E.2d 541 (1997)(followed)
- Tibbs v. Florida, 457 U.S. 31, 102 S. Ct. 2211, 72 L. Ed. 2d 652 (1982)(followed)
- Eastley v. Volkman, 132 Ohio St. 3d 328, 2012-Ohio-2179, 972 N.E.2d 517 (Ohio 2012)(followed)
- Smith v. Klem, 6 Ohio St. 3d 16, 450 N.E.2d 1171 (1983)(followed)
- Merrick v. Ditzler, 91 Ohio St. 256, 110 N.E. 493 (1915)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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