State v. Black, 2012 Ohio 2874

Appellant Kim Black was convicted by a Stark County jury of aggravated assault and sentenced to 18 months in prison.
The charged incident occurred on November 22, 2010, when Black hosted a gathering at his Alliance residence and a fight ensued after guest Linder insulted him and punched him.
Black retrieved a tire iron from his pickup and struck Linder after a confrontation led to a struggle, causing Linder facial injuries and later hospitalization.
Linder suffered a detached retina and other facial injuries; the Stark County Grand Jury later indicted Black for felonious assault (R.C. 2903.11(A)(1)).
At trial, the jury acquitted Black of felonious assault but found him guilty of the lesser-included offense of aggravated assault; a judgment entry followed on July 20, 2011, sentencing him to 18 months.
On August 5, 2011, Black appealed raising three assignments of error; the appellate majority affirmed, with Judge Farmer filing a dissent.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the aggravated assault conviction supported by sufficiency and weight, considering self-defense?	Black asserted self-defense; evidence supported by preponderance of the evidence.	State argued the jury could reject self-defense; weight favored conviction.	Weight claim rejected; no reversal.
Did the court commit plain error by not instructing on preponderance/duty to retreat and by omitting a self-defense finding on the verdict form; was counsel ineffective for failing to request?	Error affected scope of self-defense burden and verdict form.	Instructions were adequate; no plain error or ineffectiveness.	No plain error and no ineffective assistance.
Should the jury have been instructed on misdemeanor assault as a lesser included offense?	Evidence could support misdemeanor assault if greater offense rejected.	No reasonable basis to find lesser offense given evidence of serious harm.	No instruction on misdemeanor assault required; no error.

State v. Hancock, 108 Ohio St.3d 57 (Ohio 2006) (affirmative defense not part of 'sufficient evidence' sufficiency standard)
State v. Martin, 20 Ohio App.3d 172 (Ohio App.3d 1983) (manifest weight standard; 'weighs evidence' review)
State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (weight of evidence and witness credibility considerations)
State v. Cassano, 96 Ohio St.3d 94 (Ohio 1996) (self-defense elements burden of proof)
State v. Riggs, 2010-Ohio-5697 (Ohio 2010) (jury instruction standards; deviation not per se error)
State v. Peacock, 40 Ohio St. 333 (Ohio 1883) (no duty to retreat within home ( Peacock rule ))
State v. Reeds, 2008-Ohio-1781 (Ohio 2008) (separate self-defense verdict form not plain error)