Legal Opinion

State v. Eberth, 07-Ma-196 (12-10-2008)

Ohio Court of Appeals

Decided December 10, 2008No. 07-MA-196PublishedCited by 9 opinions

1Opinion of the Court

OPINION

{¶ 1} Defendant-appellant, Martin Eberth, IV, appeals a decision of the Mahoning County Common Pleas Court finding him guilty of one count of sexual battery, following a bench trial. Eberth advances three principal arguments: (1) the trial court improperly convicted him of an offense not charged and which also was not a lesser included offense of the charged offense of rape; (2) his conviction was based upon insufficient evidence; (3) and his conviction was against the manifest weight of the evidence.

{¶ 2} In the late evening hours of Friday, April 16, 2004, Shannon Nesbitt (Nesbitt),…

Also in this document: Concurrence.

2Cases cited10 opinions

  1. State v. ThompkinsOhio Supreme Court · 1997
  2. State v. DehassOhio Supreme Court · 1967
  3. State v. SmithOhio Supreme Court · 1997
  4. State v. DeemOhio Supreme Court · 1988
  5. State v. ZehOhio Supreme Court · 1987

5 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. State v. HattenOhio Court of Appeals · 2010
  2. State v. HudsonOhio Court of Appeals · 2018
  3. State v. KuckOhio Court of Appeals · 2016
  4. State v. NoernbergOhio Court of Appeals · 2012
  5. State v. FreemanOhio Court of Appeals · 2011

4 more not listed; retrieve them via the Exa API.

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