State v. White

Citations

• 2020 Ohio 1231

Syllabus

AFFIRMATIVE DEFENSE – DURESS: The trial court erred by failing to apply the affirmative defense of duress to the facts of the case. [See LEAD OPINION: Defendant proved by a preponderance of the evidence that he was under duress when he hit a vehicle with his truck and failed to stop after an automobile accident while he was fleeing from an individual who was banging on his window and trying to open his door, and using his vehicle to block his escape on a highway at night.] [See CONCURRENCE: This court should remand the cause to the trial court for a decision correctly applying the affirmative defense of duress to the facts of this case in the first instance.] [But see DISSENT: The trial court erred in failing to apply the defense of duress to the facts, but based on the facts of this case, defendant cannot prove the defense of duress by a preponderance of the evidence.]