State v. Martinez (Ohio Ct. App. 2013). · Go Syfert
State v. Martinez (Ohio Ct. App. 2013). Book View Copy Cite
95 citation events (95 in the last 25 years) across 1 distinct court.
Strongest positive: State v. Fulmer (ohioctapp, 2026-06-08)
Treatment trajectory · 2013 → 2026 · click a year to view as-of
2013 2019 2026
Top citers, strongest first. 25 distinct citers. How cited ↗
discussed Cited as authority (rule) State v. Fulmer
Ohio Ct. App. · 2026 · confidence medium
Similarly, the jury is at liberty to believe the testimony of a State’s witness over contradictory testimony of a defense witness. “‘A verdict is not against the manifest weight of the evidence because the [jury] chose to believe the State’s witnesses rather than the defendant’s versions of the events.’” State v. Missler, 2015-Ohio- 1076, ¶ 44 (3d Dist.), quoting State v. Bean, 2014-Ohio-908, ¶ 15 (9th Dist.), quoting State v. Martinez, 2013-Ohio-3189, ¶ 16 (9th Dist.). {¶15} We find C.F.’s testimony at trial was cogent and consistent with the statements she made during her…
discussed Cited as authority (rule) State v. Jewell
Ohio Ct. App. · 2026 · confidence medium
Although Mr. Jewell did not choose to testify, the trial court was tasked with determining his credibility based on the 911 recording, the recorded interview, and the jail phone call. {¶76} In addition, “ ‘[a] verdict is not against the manifest weight of the evidence because the finder of fact chose to believe the State's witnesses.’ ” Coleman, supra, quoting State v. Chancey, 2015-Ohio-5585 , ¶ 36 (4th Dist.), citing State v. Wilson, 2014-Ohio-3182, ¶ 24 (9th Dist.), citing State v. Martinez, 2013-Ohio-3189, ¶ 16 (9th Dist.).
discussed Cited as authority (rule) State v. Wiggers
Ohio Ct. App. · 2026 · confidence medium
The trier of fact “is free to believe all, part or none of the testimony of any witness,” and we “defer to the trier of fact on these evidentiary weight and credibility issues because it is in the best position to gauge the witnesses’ demeanor, gestures, and voice inflections, and to use these observations to weigh their credibility.” State v. Dillard, 2014- Ohio-4974, ¶ 28 (4th Dist.), citing State v. West, 2014-Ohio-1941, ¶ 23 (4th Dist.). {¶40} In addition, “[a] verdict is not against the manifest weight of the evidence because the finder of fact chose to believe the State's …
discussed Cited as authority (rule) State v. Wilson
Ohio Ct. App. · 2026 · confidence medium
The trier of fact “is free to believe all, part or none of the testimony of any witness,” and we “defer to the trier of fact on these evidentiary weight and credibility issues because it is in the best position to gauge the witnesses’ demeanor, gestures, and voice inflections, and to use these observations to weigh their credibility.” State v. Dillard, 2014- Ohio-4974, ¶ 28 (4th Dist.), citing State v. West, 2014-Ohio-1941, ¶ 23 (4th Dist.). {34} In addition, “[a] verdict is not against the manifest weight of the evidence because the finder of fact chose to believe the State's wi…
discussed Cited as authority (rule) State v. Upkins (2×)
Ohio Ct. App. · 2026 · confidence medium
However, he was confronted with testimony from a previous trial involving an unrelated defendant in which the informant apparently testified that he did not receive rewards for conducting controlled buys. {¶25} “A verdict is not against the manifest weight of the evidence because the finder of fact chose to believe the State’s [evidence] rather than the defendant’s version of the events.” State v. Martinez, 2013-Ohio-3189, ¶ 16 (9th Dist.). “‘Although we review credibility when considering the manifest weight of the evidence, the credibility of witnesses is primarily a determinat…
discussed Cited as authority (rule) State v. Coleman
Ohio Ct. App. · 2026 · confidence medium
The trier of fact “is free to believe all, part or none of the testimony of any witness,” and we “defer to the trier of fact on these evidentiary weight and credibility issues because it is in the best position to gauge the witnesses’ demeanor, gestures, and voice inflections, and to use these observations to weigh their credibility.” State v. Dillard, 2014- Ohio-4974, ¶ 28 (4th Dist.), citing State v. West, 2014-Ohio-1941, ¶ 23 (4th Dist.). {¶21} In addition, “[a] verdict is not against the manifest weight of the evidence because the finder of fact chose to believe the State's …
discussed Cited as authority (rule) In re K.S.
Ohio Ct. App. · 2026 · confidence medium
“A fact finder is free to believe all, some, or none of the testimony of each witness appearing before it.” Id. “‘“A verdict is not against the manifest weight of the evidence because the [jury] chose to believe the State’s witnesses rather than the defendant’s version of the events.”’” State v. Missler, 2015-Ohio-1076 , ¶ 44 (3d Dist.), quoting State v. Bean, 2014-Ohio-908, ¶ 15 (9th Dist.), quoting State v. Martinez, 2013-Ohio-3189, ¶ 16 (9th Dist.). {¶17} In this case, the trial court heard the child victim’s account of the incident through the CAC interview and th…
discussed Cited as authority (rule) State v. Burkard
Ohio Ct. App. · 2025 · confidence medium
Furthermore, multiple members of the church, including Pastor Stout and Dhume testified that Burkard was heavily involved at VBS that week. {¶46} “A verdict is not against the manifest weight of the evidence because the finder of fact chose to believe the State’s [evidence] rather than the defendant’s version of the events.” State v. Martinez, 2013-Ohio-3189, ¶ 16 (9th Dist.). “‘Although we review credibility when considering the manifest weight of the evidence, the credibility of witnesses is primarily a determination for the trier of fact.’” State v. Cox, 2022-Ohio-571, ¶ …
discussed Cited as authority (rule) State v. Lemaster
Ohio Ct. App. · 2025 · confidence medium
The trier of fact “is free to believe all, part or none of the testimony of any witness,” and we “defer to the trier of fact on these Meigs App. No. 24CA6 10 evidentiary weight and credibility issues because it is in the best position to gauge the witnesses’ demeanor, gestures, and voice inflections, and to use these observations to weigh their credibility.” State v. Dillard, 2014-Ohio-4974, ¶ 28 (4th Dist.), citing State v. West, 2014-Ohio-1941, ¶ 23 (4th Dist.). {¶29} In addition, “[a] verdict is not against the manifest weight of the evidence because the finder of fact chose …
discussed Cited as authority (rule) State v. Bonifas
Ohio Ct. App. · 2025 · confidence medium
We reject those arguments on the same grounds as we did in the discussion of the sufficiency of the evidence. {¶22} To the extent that Bonifas is attempting to argue that the trial court erred by believing the State’s witnesses, we note that “[a] verdict is not against the manifest weight of the evidence because the finder of fact chose to believe the State’s [evidence] rather than the defendant’s version of the events.” State v. Martinez, 2013-Ohio-3189, ¶ 16 (9th Dist.). “‘Although we review credibility when considering the manifest weight of the evidence, the credibility of …
discussed Cited as authority (rule) State v. Maynard
Ohio Ct. App. · 2025 · confidence medium
The trier of fact “is free to believe all, part or none of the testimony of any witness,” and we “defer to the trier of fact on these evidentiary weight and credibility issues because it is in the best position to gauge the witnesses’ demeanor, gestures, and voice inflections, and to use these observations to Scioto App. No. 23CA4048 13 weigh their credibility.” State v. Dillard, 2014-Ohio-4974, ¶ 28 (4th Dist.), citing State v. West, 2014-Ohio-1941, ¶ 23 (4th Dist.). {¶26} In addition, “[a] verdict is not against the manifest weight of the evidence because the finder of fact ch…
discussed Cited as authority (rule) In re K.B.
Ohio Ct. App. · 2025 · confidence medium
Importantly, “‘[a] verdict is not against the manifest weight of the evidence because the finder of fact chose to believe the State’s [evidence] rather than the defendant’s version of the events.’” State v. Green, 2023-Ohio-4360, ¶ 136 (3d Dist.), quoting State v. Martinez, 2013-Ohio-3189, ¶ 16 (9th Dist.). “‘Although we review credibility when considering the manifest weight of the evidence, the credibility of witnesses is primarily a determination for the trier of fact.’” State v. Brentley, 2023-Ohio-2530, ¶ 33 (3d Dist.), quoting State v. Banks, 2011-Ohio-5671, ¶ 13 …
discussed Cited as authority (rule) State v. Valentino
Ohio Ct. App. · 2025 · confidence medium
A verdict is not against the manifest weight of the evidence simply “because the finder of fact chose to believe the State’s witnesses rather than the defendant’s version of the events.” State v. Martinez, 2013-Ohio-3189, ¶ 16 (9th Dist.). 8 {¶21} Having reviewed the record in this matter, we cannot say that this is the exceptional case where the jury lost its way.
discussed Cited as authority (rule) State v. Harsha
Ohio Ct. App. · 2025 · confidence medium
The trier of fact “is free to believe all, part or none of the testimony of any witness,” and we “defer to the trier of fact on these evidentiary weight and credibility issues because it is in the best position to gauge the witnesses’ demeanor, gestures, and voice inflections, and to use these observations to weigh their credibility.” State v. Dillard, 2014- Ohio-4974, ¶ 28 (4th Dist.), citing State v. West, 2014-Ohio-1941, ¶ 23 (4th Dist.). {¶14} In addition, “[a] verdict is not against the manifest weight of the evidence because the finder of fact chose to believe the State’…
discussed Cited as authority (rule) State v. Crum
Ohio Ct. App. · 2025 · confidence medium
The trier of fact “is free to believe all, part or none of the testimony of any witness,” and we “defer to the trier of fact on these evidentiary weight and credibility issues because it is in the best position to gauge the witnesses’ demeanor, gestures, and voice inflections, and to use these observations to weigh their credibility.” State v. Dillard, 2014-Ohio-4974, ¶ 28 (4th Dist.), citing State v. West, 2014-Ohio-1941, ¶ 23 (4th Dist.). {¶13} In addition, “[a] verdict is not against the manifest weight of the evidence because the finder of fact chose to believe the State's w…
discussed Cited as authority (rule) State v. Allen
Ohio Ct. App. · 2025 · confidence medium
Allen claims that as a result of Shook’s testimony “the jury mistakenly discounted other evidence showing that Mr. Allen did not actually possess a firearm.” (Id.). {¶28} However, “[a] verdict is not against the manifest weight of the evidence because the finder of fact chose to believe the State’s [evidence] rather than the defendant’s version of the events.” State v. Martinez, 2013-Ohio-3189, ¶ 16 (9th Dist.). “‘Although we review credibility when considering the manifest weight of the evidence, the credibility of witnesses is primarily a determination for the trier of fa…
discussed Cited as authority (rule) State v. Jeffers
unknown court · 2025 · confidence medium
Ross App. No. 22CA36 9 {¶20} In addition, “[a] verdict is not against the manifest weight of the evidence because the finder of fact chose to believe the State’s witnesses.” State v. Chancey, 2015-Ohio-5585 , ¶ 36 (4th Dist.), citing State v. Wilson, 2014- Ohio-3182, ¶ 24 (9th Dist.), citing State v. Martinez, 2013-Ohio-3189, ¶ 16 (9th Dist.).
discussed Cited as authority (rule) State v. Jefferson
Ohio Ct. App. · 2025 · confidence medium
However, the jury still chose to believe S.E.’s testimony over Jefferson’s version of events. {¶48} “A verdict is not against the manifest weight of the evidence because the finder of fact chose to believe the State’s [evidence] rather than the defendant’s version of the events.” State v. Martinez, 2013-Ohio-3189, ¶ 16 (9th Dist.). “‘Although we review credibility when considering the manifest weight of the evidence, the credibility of witnesses is primarily a determination for the trier of fact.’” State v. Cox, 2022-Ohio-571, ¶ 20 (3d Dist.), quoting State v. Banks, 201…
discussed Cited as authority (rule) State v. Schmelzer
Ohio Ct. App. · 2024 · confidence medium
“A fact finder is free to believe all, some, or none of the testimony of each witness appearing before it.” Id. “‘“A verdict is not against the manifest weight of the evidence because the [jury] chose to believe the State’s witnesses rather than the defendant’s version of the events.”’” State v. Missler, 2015-Ohio-1076 , ¶ 44 (3d Dist.), quoting State v. Bean, 2014-Ohio- 908, ¶ 15 (9th Dist.), quoting State v. Martinez, 2013-Ohio-3189, ¶ 16 (9th Dist.). -15- Case No. 14-24-01 {¶30} Notwithstanding Schmelzer’s testimony that the victim claimed to be 18 years old and th…
discussed Cited as authority (rule) State v. Forrest
Ohio Ct. App. · 2024 · confidence medium
No. 69). {¶50} “A verdict is not against the manifest weight of the evidence because the finder of fact chose to believe the State’s [evidence] rather than the defendant’s version of the events.” State v. Martinez, 2013-Ohio-3189, ¶ 16 (9th Dist.). “‘Although we review credibility when considering the manifest weight of the evidence, the credibility of witnesses is primarily a determination for the trier of fact.’” State v. Cox, 2022-Ohio-571, ¶ 20 (3d Dist.), quoting State v. Banks, 2011- Ohio-5671, ¶ 13 (8th Dist.), citing DeHass, 10 Ohio St.2d, at paragraph one of the sy…
discussed Cited as authority (rule) State v. Reed
Ohio Ct. App. · 2024 · confidence medium
“A verdict is not against the manifest weight of the evidence because the [jury] chose to believe the State’s witnesses rather than the defendant’s version of the events.” State v. Hooper, 2022-Ohio-2990, ¶ 29 (3d Dist.), quoting State v. Martinez, 2013-Ohio-3189, ¶ 16 (9th Dist.).
discussed Cited as authority (rule) State v. Pryor
Ohio Ct. App. · 2024 · confidence medium
Specifically, Pryor references R.H.’s prior conviction for falsification and -19- Case Nos. 1-22-48, 1-22-49, 1-23-46, 1-23-47 admission that she has a history of not being truthful with law enforcement and the court system. {¶43} However, “[a] verdict is not against the manifest weight of the evidence because the finder of fact chose to believe the State’s [evidence] rather than the defendant’s version of the events.” State v. Martinez, 2013-Ohio-3189, ¶ 16 (9th Dist.). “‘Although we review credibility when considering the manifest weight of the evidence, the credibility of wi…
cited Cited as authority (rule) State v. Bibb
Ohio Ct. App. · 2020 · confidence medium
Wayne No. 12CA0054, 2013-Ohio-3189, ¶ 16.
discussed Cited as authority (rule) Wilson
Ohio Ct. App. · 2014 · confidence medium
Wayne No. 12CA0054, 2013-Ohio-3189, ¶ 16 (“A verdict is not against the manifest weight of the evidence because the finder of fact chose to believe the State’s witnesses rather than the defendant’s version of the events.”).
discussed Cited "see, e.g." State v. Stackhouse
Ohio Ct. App. · 2025 · signal: compare · confidence medium
Compare Ruby, 2002-Ohio-5381 , at ¶ 44 (2d Dist.) (holding that Ruby’s conviction was not against the manifest weight of the evidence where the jury, as the arbiter of witness credibility, was free to disbelieve the defendant’s claim that a known drug dealer who was also in the vehicle was responsible for the contraband). -8- Case No. 13-25-06 {¶18} Furthermore, the jury observed Stackhouse’s testimony and was made aware of Iannantuono’s refusal to testify. “‘“A verdict is not against the manifest weight of the evidence because the [jury] chose to believe the State’s witnesse…
Retrieving the full opinion text from the archive…
State
v.
Martinez
12CA0054.
Ohio Court of Appeals.
Jul 22, 2013.
Whitmore.
Cited by 81 opinions  |  Published
[Cite as State v. Martinez, 2013-Ohio-3189.]

STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF WAYNE )

STATE OF OHIO C.A. No. 12CA0054

Appellee

v. APPEAL FROM JUDGMENT ENTERED IN THE JUAN P. MARTINEZ WAYNE COUNTY MUNICIPAL COURT COUNTY OF WAYNE, OHIO Appellant CASE No. CRB-12-04-00553

DECISION AND JOURNAL ENTRY

Dated: July 22, 2013

WHITMORE, Judge.

{¶1} Defendant-Appellant, Juan Martinez, appeals from his convictions in the Wayne

County Municipal Court. This Court affirms.

I

{¶2} Martinez and Shaliece Boreman had been in an on-again/off-again tumultuous

romantic relationship for the past six or seven years, and had lived together for portions of the past three years. In December 2011, Boreman moved out of their apartment and the two ended their romantic relationship, but the two continued to see each other on occasion.

{¶3} At some point in late April, Boreman contacted Martinez to collect some of her belongings that were still in his possession. Martinez told her that he would leave her things outside the apartment. At about 1:30 a.m. on April 22, 2012, Boreman was in the neighborhood and decided to stop by to collect her things. When she did not see them outside, she knocked on his apartment door. According to Boreman, Martinez opened the door, grabbed her by her hair, and dragged her inside. He then threw her onto the couch and started to punch her repeatedly in the face. Boreman was able to kick him off of her, and Martinez walked away. She then fled.

[*2]

{¶4} Boreman ran to a friend’s apartment that was close by and refused to contact the police or go to the hospital. In the morning, Boreman went to her father’s house where he convinced her to go to the hospital. At the hospital, Boreman informed the staff that her ex- boyfriend had assaulted her and the staff contacted the police. Boreman gave the police an oral account of the attack, and later provided a written statement.

{¶5} The police made contact with Martinez at his apartment the following day.

Martinez told the police that Boreman had arrived at 4 a.m. and had forced her way into the apartment. He admitted to the officers that he had struck her a couple of times in the face, with an open hand, while trying to prevent her from entering.

{¶6} Martinez was charged with one count of assault, in violation of R.C. 2903.13(A), and one count of domestic violence, in violation of R.C. 2919.25(A), both misdemeanors of the first degree. After a bench trial, the trial court found Martinez guilty of both counts and merged

them for sentencing. The court sentenced Martinez to 90 days in jail, 12 months of probation, and fined him $500 plus costs. Martinez now appeals and raises one assignment of error for our review.

II

Assignment of Error DEFENDANT-APPELLANT’S CONVICTION FOR DOMESTIC VIOLENCE WAS AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE.

{¶7} In his first assignment of error, Martinez argues that his domestic violence conviction is against the manifest weight of the evidence. Martinez limits his argument to his conviction for domestic violence, and does not challenge the finding of guilt on the assault charge. Therefore, we will limit our review accordingly.

[*3]

{¶8} A person is guilty of domestic violence if he or she “knowingly cause[s] or attempt[s] to cause physical harm to a family or household member.” R.C. 2919.25(A). A

household member is defined, in relevant part, as someone who has cohabitated with the offender within the past five years. R.C. 2919.25(F)(1)/(2).

{¶9} “Weight of the evidence concerns ‘the inclination of the greater amount of credible evidence, offered in a trial, to support one side of the issue rather than the other.’”

(Emphasis sic.) State v. Thompkins, 78 Ohio St.3d 380, 387 (1997), quoting Black’s Law

Dictionary 1594 (6th Ed.1990).

In determining whether a criminal conviction is against the manifest weight of the evidence, an appellate court must review the entire record, weigh the evidence and all reasonable inferences, consider the credibility of witnesses and determine whether, in resolving conflicts in the evidence, the trier of fact clearly lost its way and created such a manifest miscarriage of justice that the conviction must be reversed and a new trial ordered.

State v. Otten, 33 Ohio App.3d 339, 340 (9th Dist.1986). “When a court of appeals reverses a

judgment of a trial court on the basis that the verdict is against the weight of the evidence, the appellate court sits as a ‘thirteenth juror’ and disagrees with the fact[-]finder’s resolution of the conflicting testimony.” Thompkins at 387. An appellate court should exercise the power to reverse a judgment as against the manifest weight of the evidence only in exceptional cases.

Otten at 340.

{¶10} Martinez argues that his version of the events is more plausible because Boreman

“exhibited significant credibility problems.” Specifically, Martinez argues that Boreman’s version of the events is not credible because: (1) Boreman arrived at his apartment around 2 a.m.;

(2) nobody heard Martinez screaming at Boreman as she described; (3) there were no injuries to Boreman’s scalp; and (4) Boreman did not immediately seek medical attention or notify the police.

[*4]

{¶11} The State presented two witnesses at trial, Boreman and Officer David Marks.

Boreman testified that she left a friend’s apartment about 1:30 a.m. and decided to stop by

Martinez’s apartment to collect her belongings that were supposed to be left outside. Boreman explained that his apartment was on her way to another friend’s apartment where she was headed next.

{¶12} When she arrived and did not find her belongings outside, she decided to knock

on Martinez’s door. She testified that after the second knock, he opened the door quickly and grabbed her by her hair. While shouting at her that she was a liar, he pulled her into the apartment by her hair and threw her on the couch. She said that he then began hitting her in her face with his fists. She testified that she did not scream, and that she was uncertain if Martinez continued to shout at her throughout the attack. She just remembered him calling her a liar a couple of times. Ultimately, Boreman was able to kick him away from her and he walked away.

Boreman then fled and ran to a nearby friend’s apartment.

{¶13} Despite her friend’s request, Boreman refused to call the police or seek medical attention that evening. She said she put ice on her face and stayed the rest of the night with her

friend. After the sun rose, Boreman went to her father’s house. After her father saw her injuries, he convinced her to go to the hospital. At the hospital, Boreman told the staff that her ex- boyfriend had assaulted her and they contacted the police.

{¶14} Orrville police officer David Marks responded to the call. Officer Marks testified that when he arrived at Aultman Orrville Hospital he spoke with Boreman, who appeared upset and looked like she had been crying. He further testified that he observed injuries to her face, neck, and shoulder. He did not observe any injuries to her scalp, but explained that, in his experience, scalp injuries are hard to see when the victim has long hair. Boreman provided

[*5]

Officer Marks an account of the assault.

{¶15} Officer Marks spoke with Martinez the following day. According to Officer

Marks, Martinez told him that Boreman had arrived at his apartment uninvited around 4 a.m. He said that when he opened the door, Boreman attempted to force her way in. In his effort to push her back out of the apartment, he struck her twice in the face with an open hand. Officer Marks testified that he did not observe any injuries to Martinez’s hands and that Martinez was respectful and cooperative.

{¶16} Martinez did not present any evidence at trial. Instead, he argues that his version

of the events given to Officer Marks is more credible. However, “the weight to be given the evidence and the credibility of the witnesses are primarily for the trier of the facts.” State v. DeHass, 10 Ohio St.2d 230 (1967), paragraph one of the syllabus. A verdict is not against the manifest weight of the evidence because the finder of fact chose to believe the State’s witnesses rather than the defendant’s version of the events. See State v. Andrews, 9th Dist. Summit No.

25114, 2010-Ohio-6126, ¶ 28.

{¶17} After reviewing the record and giving the trier of fact its due deference as to the issue of credibility, we cannot conclude that this is an extraordinary case where the jury clearly lost its way. Martinez’s assignment of error is overruled.

III

{¶18} Martinez’s assignment of error is overruled. The judgment of the Wayne County

Municipal Court is affirmed.

[*6]

Judgment affirmed.

There were reasonable grounds for this appeal.

We order that a special mandate issue out of this Court, directing the Wayne County

Municipal Court, County of Wayne, State of Ohio, to carry this judgment into execution. A certified copy of this journal entry shall constitute the mandate, pursuant to App.R. 27.

Immediately upon the filing hereof, this document shall constitute the journal entry of judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the period for review shall begin to run. App.R. 22(C). The Clerk of the Court of Appeals is

instructed to mail a notice of entry of this judgment to the parties and to make a notation of the mailing in the docket, pursuant to App.R. 30.

Costs taxed to Appellant.

BETH WHITMORE FOR THE COURT

MOORE, P. J. HENSAL, J. CONCUR.

APPEARANCES:

BRIAN L. SUMMERS, Attorney at Law, for Appellant.

DANIEL R. LUTZ, Prosecuting Attorney, and NATHAN R. SHAKER, Assistant Prosecuting Attorney, for Appellee.