State v. Irvin

Citations

• 2023 Ohio 3274

Syllabus

The trial court's misallocation of the burden of proof on appellant's self-defense claim was not harmless error. Appellant was entitled to a self-defense instruction, and the trial court's failure correctly to instruct the jury regarding the burden of proof affected a substantial right. Judgment reversed on the murder and felonious assault charges to which the self-defense instruction was relevant, and we remand for a new trial on those offenses. Judgment affirmed as to tampering with evidence.