Middleburg Hts. v. Brown
2024 Ohio 3193
Ohio Ct. App.2024Background
- Panagiota Brown was charged with domestic violence after an incident involving her husband, Z.B., during a court-ordered child exchange, where she allegedly struck him with a car door and scratched his face.
- Evidence at trial included testimony from Z.B., an independent witness, and a responding police officer who viewed a video of the incident recorded by Panagiota but not turned over to prosecution or presented at trial.
- Panagiota claimed she was defending her property (her vehicle) and alleged fear of Z.B., who she said entered her vehicle without permission.
- The jury found Panagiota guilty of domestic violence under R.C. 2919.25(A) following trial; she was sentenced to 10 days jail, a fine, and probation, with sentence stayed pending appeal.
- On appeal, she argued insufficient evidence for conviction, that the verdict was against the manifest weight of the evidence, and that the trial court erred by not providing the jury with complete written instructions on defense of property.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of Evidence (Acquittal) | Evidence supports all elements of DV | Used reasonable force to eject a trespasser | Manifest weight standard applies to affirmative defenses; claim overruled |
| Manifest Weight of Evidence | Testimony consistent, evidence credible | Jury lost its way, force was justified | Conviction not against the manifest weight; claim overruled |
| Jury Instructions (Written on Defense) | Instructions delivered orally, no prejudice | Omission prejudiced fundamental fairness | No plain error; outcome would not have changed; claim overruled |
| Self-Defense Presumption | Facts do not support deadly force/self-def. | Presumption under R.C. 2901.05(B)(2) applies | No reasonable grounds for imminent danger; presumption inapplicable |
Key Cases Cited
- State v. Martin, 21 Ohio St.3d 91 (affirmative defenses are reviewed under manifest weight, not sufficiency of evidence)
- State v. Thompkins, 78 Ohio St.3d 380 (manifest weight standard and appellate court role as thirteenth juror)
- State v. Childers, 133 Ohio St. 508 (property owner may eject trespasser using reasonable force)
- State v. Long, 53 Ohio St.2d 91 (plain error standard for jury instruction omissions)