State v. Becker, 2023 Ohio 601

Becker visited Michael Gates’s apartment to discuss buying a handgun; the men (and a neighbor) drank alcohol and Gates fired Becker’s gun during a demonstration.
Later that evening Becker claimed Gates attacked him (allegedly punching him); Becker drew his .40 S&W and shot Gates; Ring camera footage captured part of the incident and Becker searching the apartment and pouring liquor on the door handle.
No weapon was found at the scene; autopsy ruled Gates’s death a homicide by gunshot and showed a BAC of .324.
Police later found Becker at a motel, seized notes in which Becker discussed fear of being killed and concern the Ring would show he was struck; officers also found the loaded handgun in Becker’s home oven.
Becker was indicted for felony murder (via felonious assault), felonious assault, and tampering with evidence; the jury was instructed on self-defense but convicted on all counts.
Becker was sentenced to an aggregate term of 21 years-to-life and appealed raising (1) that his convictions were against the manifest weight because he acted in self-defense, and (2) that trial counsel was ineffective for not requesting a voluntary manslaughter instruction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the guilty verdicts were against the manifest weight because Becker acted in self-defense	State: evidence (video, conduct after shooting, notes) disproved self-defense beyond a reasonable doubt	Becker: he was attacked and reasonably feared imminent death or great bodily harm	Court: affirmed—jury did not clearly lose its way; substantial evidence supported conviction and that deadly force was not justified
Whether trial counsel was ineffective for failing to request a voluntary manslaughter instruction	State: no reasonable probability instruction would have changed verdict because evidence did not support provocation sufficient for manslaughter	Becker: counsel’s failure deprived him of a possible lesser-included instruction and was prejudicial under Strickland	Court: affirmed—no deficient performance because the evidence did not reasonably support a voluntary manslaughter instruction

State v. Thompkins, 78 Ohio St.3d 380 (1997) (standard and review for manifest-weight-of-the-evidence claims)
State v. Shane, 63 Ohio St.3d 630 (1992) (when voluntary manslaughter instruction is required; objective/subjective provocation analysis)
State v. Thomas, 77 Ohio St.3d 323 (1997) (self-defense elements and combined subjective/objective test)
Strickland v. Washington, 466 U.S. 668 (1984) (two-prong standard for ineffective assistance of counsel)
State v. Mack, 82 Ohio St.3d 198 (1998) (fear alone insufficient for sudden passion/sudden fit of rage)