State v. Brown, 2017 Ohio 7424

Defendant Robert E. Brown, Jr. was indicted for one count of felonious assault (R.C. 2903.11(A)(1)) after DeShon Randolph suffered serious injuries following an altercation at the apartment of Brown’s girlfriend, Alicia Crutchfield.\
Randolph testified he was struck and tumbled down the stairs, sustaining a fractured kneecap and facial fractures; he identified Brown from a photospread and at trial.\
Crutchfield testified Brown initiated the attack, punched Randolph at the top of the stairs, and later choked her when she intervened; she initially told police she saw no altercation.\
Brown testified he lived/visited at the apartment, encountered Randolph upstairs, was tackled/rammed at the top of the stairs, feared injury, and hit Randolph in self-defense, stopping after Randolph became incapacitated.\
Trial counsel requested a lesser-offense instruction (aggravated assault) but did not request a jury instruction on self-defense; the jury convicted Brown of felonious assault and he received a six-year sentence.\
On appeal Brown argued counsel was ineffective for failing to request a self-defense instruction; the appellate court reversed and remanded, finding deficient performance and prejudice.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial counsel was ineffective for not requesting a jury instruction on self-defense	State: Counsel’s failure does not prejudice because Brown’s self-defense claim is self-serving and lacks credibility	Brown: Counsel’s omission prevented the jury from considering a viable self-defense defense supported by his testimony and facts showing he had no duty to retreat	Reversed: counsel’s failure was objectively unreasonable and prejudicial; reasonable probability jury might have accepted self-defense
Whether Brown presented sufficient evidence to warrant a self-defense instruction	State: Only Brown’s testimony supports the claim; other witnesses portray Brown as initial aggressor	Brown: His testimony shows he was not initial aggressor, feared imminent harm, and was a guest with no duty to retreat	Held: Brown’s testimony and disputed witness credibility made self-defense a viable issue for the jury

Strickland v. Washington, 466 U.S. 668 (ineffective-assistance standard: deficient performance and prejudice) (U.S. Supreme Court)
State v. Bradley, 42 Ohio St.3d 136 (Ohio 1989) (applies Strickland two-part test in Ohio)
State v. Thomas, 77 Ohio St.3d 323 (Ohio 1997) (elements of self-defense in Ohio)
State v. Williford, 49 Ohio St.3d 247 (Ohio 1990) (self-defense principles)
State v. Hale, 119 Ohio St.3d 118 (Ohio 2008) (prejudice standard under Strickland)
State v. Fritz, 163 Ohio App.3d 276 (2d Dist. 2005) (counsel ineffective for failing to request self-defense instruction)