State v. Wilson

Citations

• 2022 Ohio 3763

Syllabus

Appellant failed to provide sufficient evidence to justify a self-defense instruction. Affirmative defenses involve concession of the prosecution's facts and independent or substantive matters exempting the defendant from liability affirmative defenses also may not negate any elements of the charged crime. In this case, appellant did not concede that the prosecution's factual claims were true instead, he attempted to negate the elements of the crime with which he was charged. As a result, a self-defense instruction was not warranted, and trial counsel did not render ineffective assistance of counsel by failing to request such an instruction. Judgment affirmed. (Donovan, J., dissenting.)