State v. Gillilan

Citations

• 2023 Ohio 325

Syllabus

Following a jury trial during which appellant asserted that he had acted in self-defense, appellant was convicted of murder, felonious assault, and several other offenses. Following this court's precedent before State v. Brooks, Ohio Slip Opinion No. 2022-Ohio-2478, __ N.E.3d __, the trial court incorrectly instructed the jury regarding the allocation of the self-defense burden of proof. And, contrary to the State's argument, the incorrect instruction was not harmless error. Judgment reversed and remanded.