State v. Glover
2019 Ohio 5211
Ohio Ct. App.2019Background
- Glover was charged with one count of assault after a fight involving Erica Jackson at the home of Glover’s boyfriend’s parents; multiple people (Glover, boyfriend Nettles, Collier, Beecher, Jackson) witnessed parts of the incident.
- Jackson suffered facial injuries; police photographed her wounds and later identified Glover as an assailant from social media; Glover was charged after a police interview in which she said she acted in self-defense.
- Several witnesses (Collier, Beecher) testified Jackson started the confrontation; Jackson testified Glover and Nettles attacked her and that Glover repeatedly punched her.
- Glover testified she was defending herself, admitted losing control and wearing rings, and claimed she could not recall parts of the fight; no medical treatment was sought by Glover.
- The trial court denied Glover’s Crim.R. 29 motion; the jury was instructed on self-defense, found Glover guilty, and she was sentenced to 180 days in jail.
- On appeal Glover argued (1) the statute requiring her to prove self-defense is unconstitutional, (2) the conviction was supported by insufficient evidence, and (3) the conviction was against the manifest weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ohio may place burden on accused to prove self-defense (constitutional challenge) | Martin v. Ohio and R.C. 2901.05 validly place burden on defendant; Heller does not alter burden | Requiring Glover to prove self-defense violates Second, Fifth, and Fourteenth Amendments post-Heller | Overruled — plain-error review; Heller did not change burden rule; Martin remains controlling; statute constitutional as applied |
| Whether conviction is supported by sufficient evidence | State argued the sufficiency claim was waived for failure to renew Crim.R. 29 | Glover argued the evidence was insufficient to sustain conviction | Court treated the claim as manifest-weight (not sufficiency); overruled defendant’s challenge |
| Whether conviction is against the manifest weight of the evidence | State: jury credited Jackson and photographic/medical evidence; credibility for jury to decide | Glover: she proved self-defense by preponderance | Overruled — jury resolved conflicting testimony, could find Glover at fault and not entitled to self-defense; conviction not a manifest miscarriage of justice |
Key Cases Cited
- Martin v. Ohio, 480 U.S. 228 (upheld Ohio practice of requiring accused to prove self-defense)
- District of Columbia v. Heller, 554 U.S. 570 (recognized individual right to possess firearms; did not alter burden-allocation for self-defense)
- State v. Thompkins, 78 Ohio St.3d 380 (established standard for manifest-weight review)
- State v. Jones, 91 Ohio St.3d 335 (Crim.R.29 failure does not waive appellate sufficiency argument)
- State v. Carter, 64 Ohio St.3d 218 (not-guilty plea preserves right to challenge insufficiency)
- State v. Issa, 93 Ohio St.3d 49 (credibility determinations are for the trier of fact)
- State v. Salaam, 47 N.E.3d 495 (enumerates elements defendant must prove to establish self-defense)