State v. Ralls

Citations

• 2022 Ohio 2110

Syllabus

MURDER – R.C. 2901.05 – SELF-DEFENSE – BURDEN OF PROOF – EVIDENCE – IMPERFECT SELF-DEFENSE – LESSER-INCLUDED OFFENSES: The trial court did not violate R.C. 2901.05 where the record included no indicia that the trial court failed to shift the burden of persuasion to the state. Defendant's conviction for felony-murder did not run afoul of the manifest weight of the evidence where the trial court resolved credibility determinations in favor of the state. The trial court did not commit plain error by failing to consider the affirmative defense of imperfect self-defense because Ohio law does not recognize this doctrine. The trial court did not commit plain error by failing to consider the lesser included offenses of voluntary manslaughter, involuntary manslaughter, and reckless homicide before convicting defendant of felony-murder because Ohio appellate courts presume that the trial court considered lesser included offenses and there is nothing in the record to rebut this presumption.