State v. Gomez, 2013 Ohio 2856

Gomez was convicted of felonious assault after a September 11, 2011 melee at Club 513 in Hamilton, Ohio.
The altercation involved multiple patrons in retaliation for an alleged affair.
Gomez claimed he found a machete and used it to defend himself as the others attacked; the victim lost a finger.
Gomez testified he did not swing at Luis; he attempted to back away and exit but grabbed the machete instead.
The trial court refused Gomez’s request for a self-defense instruction, and the jury found him guilty; the appellate court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused its discretion by denying a self-defense instruction.	Gomez sought the self-defense instruction to raise an affirmative defense.	The court should have instructed self-defense as a defense to the charged conduct.	No abuse; instruction properly denied.

State v. Wolons, 44 Ohio St.3d 64 (1989) (set standard for self-defense jury instructions; no error admitted.)
State v. Robbins, 58 Ohio St.2d 74 (1979) (deadly force and retreat framework in self-defense analysis.)
State v. Cassano, 96 Ohio St.3d 94 (2002) (established self-defense elements and burden on defendant.)
State v. Rice, 80 Ohio St.3d 543 (1997) (no self-defense instruction where evidence is insufficient.)