State v. Hodge

Citations

• 2022 Ohio 1780

Syllabus

The trial court abused its discretion when it denied appellant's request for a jury instruction on self-defense after appellant testified that the victim's severe burns were caused when he raised his arm to block the victim's attempt to pour a pot of hot grease on him. The trial court did not commit plain error by failing to give a jury instruction on the defense of accident, because appellant testified he knowingly used force to block the pot. The State did not violate appellant's right to remain silent where appellant testified at trial and a few questions relating to his pre-arrest silence were used in an attempt to impeach his credibility rather than to prove his guilt. Appellant did not show that his trial counsel was ineffective for failing to request a jury instruction on an accident defense or failing to request a curative instruction relating to appellant's right to remain silent. The trial court committed plain error by failing to merge the offenses of felonious assault and domestic violence as allied offenses of similar import. Judgment reversed and remanded.