State v. Echevarria

Citations

• 2018 Ohio 1193

Syllabus

Felonious assault self-defense jury instructions R.C. 2901.09(B) castle doctrine duty to retreat R.C. 2901.05(B) presumption of self-defense prejudicial error manifest weight of the evidence. Trial court did not abuse its discretion or otherwise err in failing to specifically instruct the jury that defendant had no duty to retreat based on the castle doctrine where trial court did not instruct the jury that defendant must prove that she did not violate a duty to retreat in order to find that she acted in self-defense. Trial court did not abuse its discretion or otherwise err in failing to give jury instruction regarding presumption of self-defense where it was undisputed that victim entered the defendant's residence at defendant's invitation. Defendant's felonious assault convictions were not against the manifest weight of the evidence.