State v. Fadel

Citations

• 2024 Ohio 730

Syllabus

Felonious assault complicity self-defense sufficiency of the evidence manifest weight of the evidence jury instruction inferior offense plain error ineffective assistance of counsel. Appellant's conviction for felonious assault was supported by sufficient evidence and was not against the manifest weight of the evidence. The state demonstrated that appellant was complicit with her sister in committing felonious and that the jury did not lose its way in convicting her because there was evidence that appellant aided, assisted, encouraged, or supported her sister in committing the felonious assault. Appellant met her burden in claiming that she acted in self-defense when she claimed that the victim hit her first, she was scared, injured, and smaller than the victim. The state met its burden in proving that she did not act in self-defense because evidence demonstrated that appellant was the initial aggressor and was not in fear of eminent bodily harm because a video of the fight showed appellant standing over the victim and hitting her while the victim laid there. Appellant did not receive ineffective assistance of counsel because while counsel did not request a jury instruction for the inferior offense of aggravated assault, we find that his decision to do so was a means of trial strategy because his theory of the case was self-defense. Finally, the court did not plainly err in failing to instruct the jury on aggravated assault. As stated, the theory of the defense case was self-defense. Judgment affirmed.