State v. Evans, 2011 Ohio 5267

Evans was convicted of assaulting a peace officer (Foley) during an off-duty security incident at Panini's in West Park; bench trial held.
Lucas, a federal agent, testified he observed Evans pursue and punch Foley after Foley identified himself as a police officer.
Foley testified he repeatedly identified himself as a officer and was attacked after being turned away from Evans by others.
Castor and Pliske testified for defense, claiming Evans acted in self-defense and that police status was not identified to Evans.
Evans admitted punching Foley but claimed he did not know Foley was a police officer and acted to escape a three-on-one confrontation.
Trial court rejected self-defense and found Evans guilty of assault; Evans appealed alleging manifest weight and improper self-defense application.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Self-defense validity	Evans claims self-defense; he was not at fault and believed imminent harm.	Evans argues misapplication of self-defense law; he believed imminent danger and used reasonable force.	Self-defense rejected; conviction affirmed.
Manifest weight	Weight of the evidence supports Evans's claim of self-defense and innocence.	Record shows Evans acted unlawfully; weight favors the State.	Conviction not against the manifest weight; supported by substantial evidence.

State v. Foster-Jones, 2010-Ohio-5758 (Ohio App. 8th Dist. 2010) (self-defense burden of proof standard for nondeadly force)
State v. Hunt, 2011-Ohio-92 (Ohio App. 8th Dist. 2011) (elements of self-defense and imminent danger standard)
State v. Fritz, 2005-Ohio-4736 (Ohio App. 6th Dist. 2005) (reasonable belief in imminent danger required for self-defense)
State v. Jackson, 1986-Ohio St.3d 281 (Supreme Court of Ohio 1986) (self-defense elements and burden of proof)
State v. Thompkins, 78 Ohio St.3d 380 (Ohio Supreme Court 1997) (weight of evidence standard; 'thirteenth juror' review)
State v. Bruno, 2005-Ohio-1862 (Ohio App. 8th Dist. 2005) (weight and credibility primarily for the trier of fact)
State v. DeHass, 10 Ohio St.2d 230 (1967) (standard for reviewing sufficiency of evidence; weight standards)
State v. Eley, 56 Ohio St.2d 169 (1978) (credibility and witness weighing on review)
State v. Garrow, 1995-Ohio App.3d 368 (Ohio App. 5th Dist. 1995) (manifest weight standard and review limits)
State v. Wilcox, 2005-Ohio-1745 (Ohio App. 8th Dist. 2005) (victim status not required to prove offense; defense on self-defense impact)
State v. Gimenez, 1997-Ohio-71190 (Ohio App. 8th Dist. 1997) (police status identification in assault cases)