State v. Rose

Citations

• 2024 Ohio 5689

Syllabus

SELF-DEFENSE — MANIFEST WEIGHT — AT FAULT — DUTY TO RETREAT — CREDIBILITY: Defendant's conviction for misdemeanor assault was not against the manifest weight of the evidence and the State proved defendant had not acted in self-defense where the trial court found the victim's testimony credible, there is no reason to depart from that credibility finding, and the victim's testimony showed that defendant was at fault for creating the altercation by entering the victim's house without permission; defendant's force was not necessary to repel a threat because defendant punched the victim while pinning her down; and defendant violated a duty to retreat from the victim's house when the victim instructed defendant to leave the house before the fight.