State v. Gloff
155 N.E.3d 42
Ohio Ct. App.2020Background
- Appellant Michael Gloff was tried for assault on a corrections officer and felonious assault arising from a September 9, 2018 incident at the Clermont County Jail.
- Trial ran March 26–29, 2019; during trial (effective March 28, 2019) Am. Sub. H.B. 228 amended R.C. 2901.05 to shift the burden on self-defense: if evidence tends to support self-defense, the prosecution must prove beyond a reasonable doubt the defendant did not act in self-defense.
- Gloff requested a jury instruction reflecting the amended burden; the trial court denied it, holding the amendment applied only to offenses occurring after March 28, 2019.
- The parties presented conflicting testimony about who was the aggressor; Gloff and an inmate witness claimed Officer Thompson initiated force, while the officer testified Gloff attacked him.
- The jury convicted Gloff of assault on a corrections officer (not felonious assault) and the court sentenced him to 12 months. On appeal the Twelfth District reversed and remanded for failure to apply the H.B. 228 burden-of-proof rule that became effective during trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the H.B. 228 amendment to R.C. 2901.05 (shifting burden on self-defense) applied to this case | Gloff: the amendment governs trials held on or after its effective date; it focuses on "at the trial of a person," so it applies because trial concluded after March 28, 2019 | State/trial court: amendment is not expressly retroactive and applies only to offenses committed after its effective date; therefore pre-amendment burden remains | Court held amendment applies to trials held on/after March 28, 2019; trial court erred by giving pre-amendment instructions and case reversed and remanded |
Key Cases Cited
- State v. Consilio, 114 Ohio St.3d 295 (Ohio 2007) (articulates the two-step retroactivity inquiry for statutes)
- State v. White, 132 Ohio St.3d 344 (Ohio 2012) (distinguishes remedial from substantive statutes for retroactivity analysis)
- State v. Humphries, 51 Ohio St.2d 95 (Ohio 1977) (a statute's effective date controls that trials held on or after the effective date must follow the statute)