Topic: whether in resolving conflicts in the evidence, the jury cl… · Go Syfert
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Topic #15

36 canonical passages across 32 cases, quoted by 7,957 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from State v. Martin.

#Case FlagCanonical passage Citers
1 State v. Martin Anchor
ohioctapp · 1983
green “whether in resolving conflicts in the evidence, the jury clearly lost its way and created such a manifest miscarriage of justice that the conviction must be reversed and a new trial ordered.” 1,485
2 State v. Martin
ohioctapp · 1983
green “only in the exceptional case in which the evidence weighs heavily against the conviction.” 1,244
3 State v. Long
ohio · 1978
green “notice of plain error under crim.r. 52(b) is to be taken with the utmost caution, under exceptional circumstances and only to prevent a manifest miscarriage of justice.” 1,041
4 State v. Otten
ohioctapp · 1986
green “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…” 842
5 State v. Bradley
ohio · 1989
green “there exists a reasonable probability that, were it not for counsel's errors, the result of the trial would have been different.” 570
6 State v. Dehass
ohio · 1967
green “the weight to be given the evidence and the credibility of the witnesses are primarily for the trier of the facts.” 427
7 Smith v. Phillips
scotus · 1982
green “is the fairness of the trial, not the culpability of the prosecutor.” 368
8 Davis v. Flickinger
ohio · 1997
green “has the best opportunity to view the demeanor, attitude, and credibility of each witness, something that does not translate well on the written page.” 303
9 State v. Thompkins
ohio · 1997
red “sufficiency' is a term of art meaning that legal standard which is applied to determine whether the case may go to the jury or whether the evidence is legally sufficient to support the jury verdict as a matter of law.” 279
10 State v. Bradley
ohio · 1989
green “counsel's performance will not be deemed ineffective unless and until counsel's performance is proved to have fallen below an objective standard of reasonable representation and, in addition, prejudice arises from counsel's performance.” 263
11 State v. Awan
ohio · 1986
green “the choice between credible witnesses and their conflicting testimony rests solely with the finder of fact and an appellate court may not substitute its own judgment for that of the finder of fact.” 188
12 State v. Long
ohio · 1978
green “but for the error, the outcome of the trial clearly would have been otherwise.” 184
13 State v. Barnes
ohio · 2002
green “plain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of the court.” 115
14 State v. Wilson
ohio · 2007
green “in other words, a reviewing court asks whose evidence is more persuasive - the state's or the defendant's?” 85
15 State v. Wilson
ohio · 2007
green “sufficiency of the evidence is a test of adequacy as to whether the evidence is legally sufficient to support a verdict as a matter of law, weight of the evidence addresses the evidence's effect of inducing belief.” 81
16 Prince v. Jordan, Unpublished Decision (12-22-2004)
ohioctapp · 2004
green “the jury is free to believe all, part, or none of the testimony of each witness.” 74
17 State v. Croghan
ohioctapp · 2019
green “a reversal on this basis is reserved for the exceptional case in which the evidence weighs heavily against the conviction.” 52
18 State v. Phillips
ohio · 1995
green “debatable trial tactics generally do not constitute a deprivation of effective counsel.” 50
19 State v. Post
ohio · 1987
red “requires us to eliminate the distorting effect of hindsight.” 45
20 Tibbs v. Florida
scotus · 1982
green “means that no rational factfinder could have voted to convict the defendant.” 36
21 State v. Shank
ohioctapp · 2013
green “in reaching its verdict, the jury was in the best position to evaluate the credibility of the witnesses and it was entitled to believe all, part, or none of the testimony of each witness.” 26
22 State v. Evans
ohio · 1992
green “appreciation of the nature and circumstances of the crimes.” 26
23 State v. Shue
ohioctapp · 1994
green “evaluating the evidence and assessing credibility are primarily for the trier of fact.” 25
24 State v. Tibbetts
ohio · 2001
green “examine whether the evidence produced at trial attains the high degree of probative force and certainty required of a criminal conviction.” 21
25 State v. Rogers
ohio · 2015
green “crim.r. 52(b) affords appellate courts discretion to correct 'plain errors or defects affecting substantial rights' notwithstanding the accused's failure to meet his obligation to bring those errors to the attention of the trial court.” 20
26 State v. Barger
ohioctapp · 2016
green “will not overturn a conviction as being against the manifest weight of the evidence simply because the trier of fact chose to believe the state's version of events over another version.” 17
27 State v. Carter
ohioctapp · 2017
green “this court need not address both prongs of strickland if an appellant fails to prove either prong.” 15
28 State v. Wilk
ohioctapp · 2023
green “a challenge to the sufficiency of the evidence concerns the state's burden of production and is, in essence, a test of adequacy.” 13
29 State v. Booker
ohioctapp · 2015
green “the testimony of a single witness, if believed by the finder of fact, is sufficient to support a criminal conviction.” 12
30 State v. Tran, Unpublished Decision (8-23-2006)
ohioctapp · 2006
neutral “furthermore, if the state relies on circumstantial evidence to prove any essential element of an offense, it is not necessary for such evidence to be irreconcilable with any reasonable theory of innocence in order to support a conviction.” 11
31 State v. Harris
ohioctapp · 2024
green “this court will not overturn a verdict on a manifest weight challenge simply because the jury chose to believe the state's version of the events.” 11
32 State v. Fleckenstein
ohioctapp · 2023
green “to carry its burden of persuasion, the state need only disprove one of the foregoing elements beyond a reasonable doubt.” 9
33 State v. Tyus
ohioctapp · 2020
green “a trier of fact enjoys the best position to assess the credibility of witnesses.” 7
34 State v. Sanders
ohio · 2001
green “a persuasive showing of cumulative error.” 6
35 State v. Carnes
ohioctapp · 2015
green “under the circumstances of this case, appellant has forfeited all but plain error on review.” 3
36 State v. Hartwell
ohioctapp · 2025
green “free to believe all, part, or none” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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