State v. Dillard, 2012 Ohio 2716

In April 2008, Dillard shot Jamie Farley twice in the chest; a third trigger pull jammed the gun.
Dillard was prohibited from possessing a firearm due to a prior drug-felony conviction; he was charged with murder with a firearm specification and possession of a weapon under a disability.
Evidence showed no other firearm was found; the defense argued Farley may have had a gun and that Dillard acted in self-defense.
The record details a financial dispute regarding investments in clothing and related enterprises, including a large cash infusion from Farley in 2007.
There was conflicting testimony about threats by Farley and surrounding circumstances; a recording of a confrontation was introduced at trial.
Dillard was convicted on all counts; the trial court sentenced him to a total term of twenty-three years to life, followed by consecutive terms.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency/weight of the self-defense claim	Dillard offered self-defense evidence; the verdict should reflect weighing of such evidence.	The defense proved self-defense by a preponderance; the verdict should be reversed.	Self-defense did not defeat elements; jury reasonably found not acting in self-defense.
Effective assistance of counsel	Trial counsel deficient for not pursuing venue, suppressing statements, etc.	Counsel’s strategy was reasonable; no prejudice shown.	No deficient performance or prejudice; counsel not ineffective.
New trial based on newly discovered evidence	New bags/gun locations suggested post-trial evidence could change result.	Evidence not new; dredging produced nothing; affidavits were contradicted.	No new admissible evidence; motion for new trial denied.
Miranda and statements; admissibility of dying declarations and search consent	Voluntary statements and lake search warrant issues may have tainted conviction.	Voluntary statements admissible; searches/consent proper; dying declarations properly admitted.	Miranda issues resolved; voluntary statements admissible; dying declaration properly admitted; suppression denied.

State v. Robbins, 58 Ohio St.2d 74 (Ohio 1979) (three-part self-defense elements; reasonable belief threshold)
State v. Barnes, 94 Ohio St.3d 21 (Ohio 2002) (victim's violent propensity not required for self-defense; ruling on character evidence)
State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (thirteenth juror weight review; standard for weight of evidence)
State v. Melchior, 56 Ohio St.2d 15 (Ohio 1978) (proof requirements for self-defense; burden on defendant)
State v. Poole, 33 Ohio St.2d 18 (Ohio 1973) (self-defense framework; duty to retreat)
State v. Tucker, 81 Ohio St.3d 431 (Ohio 1998) (Miranda warnings and voluntary statements not-withstanding custody)