State v. Green
2016 Ohio 8251
| Ohio Ct. App. | 2016Background
- Kip D. Green (defendant) was charged with one count of domestic violence after an altercation with his live‑in girlfriend A.W. at a bar on November 15, 2015.
- A bench trial occurred April 6, 2016; no transcript was available, so the trial court provided an App.R. 9(c) statement of witness testimony and video evidence.
- Witnesses (bar staff and an officer) described A.W. striking Green first (a slap to the head and a face hit), Green standing and punching A.W. in the face, and visible injuries to A.W.; Green later asked that no charges be filed against A.W.
- The defense asserted an affirmative self‑defense claim at trial and in a Crim.R. 29 motion; the trial judge rejected that defense and found Green guilty of domestic violence.
- On appeal Green argued his conviction was against the manifest weight of the evidence because he had proven self‑defense by a preponderance. The appellate court affirmed the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether conviction for domestic violence was against the manifest weight of the evidence | State: Evidence and video supported all elements of domestic violence and the judge reasonably rejected self‑defense | Green: He proved self‑defense by a preponderance (A.W. struck him first; he responded to imminent unlawful force) | Affirmed: conviction not against manifest weight; self‑defense not proven (no reasonable belief force was necessary; force used could cause great bodily harm) |
Key Cases Cited
- Eastley v. Volkman, 132 Ohio St.3d 328 (Ohio 2012) (standard for reviewing manifest‑weight claims)
- C.E. Morris Co. v. Foley Constr. Co., 54 Ohio St.2d 279 (Ohio 1978) (competent, credible evidence supports judgment)
- State v. Williford, 49 Ohio St.3d 247 (Ohio 1990) (burden for affirmative defenses)
- State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (circumstantial evidence has same probative value as direct evidence)
- State v. DeHass, 10 Ohio St.2d 230 (Ohio 1967) (trial court best positioned to judge witness credibility)
- Thompkins v. Ohio, 78 Ohio St.3d 380 (Ohio 1997) (exceptional‑case standard for overturning verdict on weight grounds)