State v. Kilbane

Citations

• 2019 Ohio 148

Syllabus

Domestic violence self-defense nondeadly force manifest weight of the evidence ineffective assistance of counsel. Trial court applied correct standard for establishing claim of self-defense where the defendant used nondeadly force. Defendant's domestic violence conviction was not against the manifest weight of the evidence where evidence showed that the defendant created the situation that gave rise to the affray. Trial counsel was not ineffective even though he erroneously suggested that the defendant might have a duty to retreat where there was no evidence that the trial court applied the wrong standard for determining a claim of self-defense and the evidence showed that the defendant created the situation that gave rise to the fight.