State v. Belanger
190 Ohio App. 3d 377
Ohio Ct. App.2010Background
- Belanger was charged with domestic violence under R.C. 2919.25(A) following an August 4, 2009 incident with his live-in girlfriend.
- A Lima Municipal Court jury found Belanger guilty on October 29, 2009.
- Belanger was sentenced November 23, 2009 to 180 days in jail (150 suspended), a $250 fine, and two years of community control.
- Belanger appealed, raising multiple assignments of error.
- The appellate court reversed, holding error in omitting a self-defense jury instruction; other assignments were deemed moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Self-defense instruction denial | Belanger contends instruction was required | State contends no error | Instruction should have been given; error sustained |
| Continuance denial | Belanger asserts prejudice from denial | State asserts discretion; no abuse | Moot due to ruling on issue 1 |
| Right to present witness evidence of character | Belanger argues right to show character/demeanor | State argues limited relevancy | Moot due to ruling on issue 1 |
Key Cases Cited
- State v. Melchior, 56 Ohio St.2d 15 (Ohio 1978) (self-defense elements; burden on defendant; evidentiary threshold to raise issue)
- State v. Robinson, 47 Ohio St.2d 103 (Ohio 1976) (affirmative defense requires sufficient evidence to raise issue)
- Bucyrus v. Fawley, 50 Ohio App.3d 25 (Ohio App.3d 1988) (instruction for self-defense; standard for when to submit to jury)
- Williford, 49 Ohio St.3d 247 (Ohio 1990) (self-defense burden; affirmative defense; de novo review on appeal)
- State v. Dokes, 31 Ohio App.3d 24 (Ohio App.3d 1986) (reasonable force standard; no retreat duty in nondeadly force)
- State v. Thomas, 77 Ohio St.3d 323 (Ohio 1997) (analysis of self-defense elements and retreat considerations)