State v. Gambino

Citations

• 2022 Ohio 1554

Syllabus

CRIMINAL - Self-Defense Jury instruction instruction must be given if a correct statement, applicable to facts of the case, and if reasonable minds might reach the conclusion sought by requested instruction defendant required to meet burden of production for prima facie case of self-defense instruction not required where defendant failed to put forth sufficient evidence to meet burden of production instruction not required when evidence showed defendant was at fault for creating situation giving rise to affray manifest weight of the evidence merger of offenses merger of felonious assault and aggravated robbery not required when separate harms result from offenses merger of felonious assault and aggravated robbery not required when level of violence far in excess of that necessary to commit aggravated robbery.