State v. Redfearn, 06ca009040 (8-13-2007)

{¶ 23} I agree that this matter has to be remanded for a hearing. I disagree, however, regarding what needs to take place at that hearing.

{¶ 24} Initially, I note that, pursuant to State v. Thompkins,78 Ohio St. 3d 380 (1997), an appellate court reviews findings of fact in criminal cases both to determine whether they are supported by sufficient evidence and whether, pursuant to the "criminal manifest weight standard," the trier of fact created a manifest miscarriage of justice. The standard quoted by the majority at ¶ 10 is, in accordance with State v. Wilson, 113 Ohio St. 3d 382,…