State v. Day

Citations

• 2025 Ohio 5625

Syllabus

Weight of the evidence; sufficiency of the evidence; self-defense; defense of others; jury instructions; admission of evidence; ineffective assistance of counsel; invited error. The conviction for having weapons while under disability was supported by sufficient evidence where the appellant claimed self-defense thus admitting the elements of the offense and the State established that appellant did not act in self-defense. Furthermore, all of the convictions were supported by the greater weight of the evidence, where the State established that appellant did not have a reasonable belief that he was in danger of death or great bodily harm and that he used unreasonable force based on the circumstances. The trial court did not err when it denied a request for an instruction on the lesser included offense of reckless homicide where the evidence did not establish that the appellant was not guilty of the greater offense but guilty of the lesser offense. The trial court did not err when it refused to give an instruction on defense of others, where the evidence failed to establish that appellant had a reasonable and/or an honest belief that he was in immediate or imminent danger of death or great bodily harm. Where the parties submitted agreed jury instructions, the appellant cannot benefit from an error he invited by challenging those same instructions on appeal. The trial court did not err when it failed to include a limiting instruction on evidence of prior convictions where the defense did not object to the instructions and the evidence did not reflect that the jury impermissibly used the evidence to determine the verdicts. Furthermore, appellant failed to establish that he was prejudiced by admission. Appellant failed to sufficiently brief or argue how the jury was prejudiced by the trial court's decision not to permit evidence that was presented to the jury at trial to be submitted to the jury during deliberations. Finally, appellant failed to establish he received inef