State v. Flint
2012 Ohio 5268
Ohio Ct. App.2012Background
- Flint stabbed her boyfriend Marcus Glover several times during a July 2, 2011 argument.
- Flint alleges Glover attacked her with a knife; she disarmed him and stabbed him in the back during a struggle; police later saw no visible wounds on Flint.
- A grand jury indicted Flint on felonious assault and four domestic-violence counts; two dv counts were dismissed; three counts were tried to a jury.
- The jury convicted Flint of felonious assault and acquitted her of domestic violence; she received two years of community control.
- Flint appeals raising two assignments of error: (1) plain error over the self-defense duty-to-retreat instruction; (2) improper court costs without proper community service notifications.
- The appellate court affirms in part and reverses in part: self-defense instruction is not plain error; court costs must be remanded for proper notice under R.C. 2947.23.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Duty-to-retreat instruction in self-defense was plain error | Flint argues the court erred by instructing a retreat duty in her home. | State contends no plain error; instruction mirrored accepted standards and her home status was addressed. | No plain error; instruction proper |
| Compliance with R.C. 2947.23 community service notifications | Flint asserts court failed to notify about community service and cost credits as required. | State argues standard notification was satisfied; otherwise not reversible. | Remand for proper notice and costs calculation |
Key Cases Cited
- State v. Westfall, 2011-Ohio-5011 (9th Dist. No. 10CA009825 (2011)) (self-defense elements; no duty to retreat when in home)
- State v. Tucker, 2006-Ohio-6914 (9th Dist. No. 06CA0035-M (2006)) (no duty to retreat in one's own home)
- State v. Geter-Gray, 2011-Ohio-1779 (9th Dist. No. 25374 (2011)) (reaffirmed no plain error where instruction allowed no retreat in home)
- Beckett v. Warren, 2010-Ohio-4 (Ohio Supreme Court (2010)) (jury presumed to follow court instructions on self-defense)
- State v. Perry, 2011-Ohio-2242 (9th Dist. No. 25271 (2011)) (self-defense defense v. motive distinction; purpose to commit act not defense)
- State v. Barnes, 2002-Ohio-0 (Ohio Supreme Court (2002)) (motive not dispositive in self-defense analysis)
- State v. Debruce, 2012-Ohio-454 (9th Dist. No. 25574 (2012)) (remedial approach: remand to correct notice regarding court costs)