State v. Davis

Citations

• 2021 Ohio 2311

Syllabus

Mistrial sua sponte manifest necessity double jeopardy plain error self-representation jury instruction flight self-defense. - Trial court did not abuse its discretion or commit plain error in sua sponte declaring a mistrial due to manifest necessity where the defendant's actions and protestations about self-representation and dissatisfaction with counsel occurred in front of the jury. As such, retrial did not violate the double jeopardy protections. Trial court erred in giving the jury an instruction on flight because the evidence did not warrant the instruction. However, the error was not prejudicial to be deemed plain error. Trial court did not abuse its discretion in denying defendant's request for a self-defense instruction because the defendant denied committing the offense and, thus, effectively was not acting in self-defense.