State v. Gurton

Citations

• 2024 Ohio 2971

Syllabus

ASSAULT – DUE PROCESS – SELF-DEFENSE – CONTINUANCE: The trial court did not err by denying defendant's request for a continuance in progress to obtain the testimony of a missing witness where defendant failed to subpoena the witness and did not meet his burden to show that the witness was likely to attend trial at a future date and to provide beneficial testimony and where this was defendant's third continuance request. The trial court did not err by finding defendant guilty of assault and rejecting his self-defense argument where multiple witnesses testified that he was at fault in creating the violent altercation and where defendant failed to present evidence to the contrary other than his own self-serving testimony.