State v. Bouie

Citations

• 2019 Ohio 4579

Syllabus

Manifest weight felonious assault R.C. 2903.11(A)(2) self-defense, jury instructions offense of an inferior degree aggravated assault ineffective assistance of counsel. The defendant's conviction for felonious assault was not against the manifest weight of the evidence. The facts of the case did not warrant an instruction on the inferior offense of aggravated assault because there was no evidence that the defendant was under a sudden passion or fit of rage, and therefore, the trial court did not commit plain error in not instructing the jury on aggravated assault, and the defendant's trial counsel was not ineffective for failing to request an instruction on the inferior offense of aggravated assault.