State v. Bagley
2014 Ohio 1787
Ohio Ct. App.2014Background
- June 27, 2012 altercation near Kibby Street and Harrison Avenue in Lima; Schneider and her half-brother Fletcher were in Schneider’s car when Bagley confronted them.
- Bagley cut Fletcher’s throat with a knife during the confrontation, claiming self-defense.
- February 14, 2013, Bagley was indicted on one count of felonious assault (R.C. 2903.11(A)(2)); indictment included repeat violent offender (RVO) specifications.
- June 4–5 and 13, 2013, a jury trial resulted in Bagley’s felonious assault conviction and a finding against self-defense, with the RVO specification.
- June 25, 2013, the trial court found Bagley to be an RVO and sentenced him to 8 years for felonious assault plus 5 years for the RVO, consecutive to another case, for a total of 13 years.
- Bagley timely appealed, raising multiple assignments of error that the court addresses in a consolidated manner.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the felonious assault conviction and RVO specification were against weight or unsupported | Bagley | Bagley contends insufficient/weighty evidence for self-defense | No; manifest weight/insufficient evidence not shown for self-defense element. |
| Admissibility of Bagley’s prior-incarceration reference under Evid.R. 404(B) | State | Evidence improper character evidence | Not plain error; admissible for motive/intent with limiting instruction. |
| Plain-error claim regarding inclusion of Bagley interview videos showing opinions on truthfulness | State | Video testimony improperly comments on truthfulness | Not plain error given overwhelming evidence of guilt and defense scope. |
| Constitutional challenges to RVO sentencing and double jeopardy objections raised for first time on appeal | Bagley | Waived; constitutional challenges not preserved | Waived; appellate review declined under Awan/Rowland principles. |
Key Cases Cited
- State v. Vasquez, 2014-Ohio-224 (10th Dist. Franklin No. 13AP-366 (2014)) (affirmed conviction; self-defense issues analyzed)
- State v. Belanger, 190 Ohio App.3d 377 (3d Dist. 2010-Ohio-5407) (burden of proof for self-defense requires preponderance)
- State v. Thacker, 2004-Ohio-1047 (3d Dist. Marion No. 9-03-37) (self-defense elements and retreat duty applicable to deadly force)
- State v. Williford, 49 Ohio St.3d 247 (1990) (duty to retreat before deadly force; Williford standard cited)
- State v. Densmore, 2009-Ohio-6870 (3d Dist. Henry No. 7-08-04) (deadly force constitutes self-defense analysis)
- State v. Williams, 134 Ohio St.3d 521 (2012-Ohio-5695) (three-step test for 404(B) admissibility per Williams)