State v. Howard, 2017 Ohio 8742

On Oct. 11, 2015, Jeremiah Howard (approx. 150 lbs) shot Julius Rowe (approx. 250–275 lbs) multiple times after Rowe and a companion (Watkins) approached a group on a stoop at 880 North Meadows Court. Rowe survived.
Howard was indicted on two counts of felonious assault and one count of attempted murder with firearm specifications; a jury convicted him of one count of felonious assault (Rowe) and the firearm specification; acquitted on remaining counts.
Trial testimony: multiple eyewitnesses (residents, Rowe, Watkins, Howard) described Rowe advancing aggressively, Howard retreating to a wall/bush, Howard drawing a gun, firing a warning shot, then repeatedly shooting Rowe after Rowe continued to advance and taunted Howard.
Several witnesses testified Watkins held his hands behind his back in a manner suggesting he might be armed; some witnesses said Rowe fell only after multiple shots; forensic evidence showed Howard fired nine times; medical records showed at least three entrance wounds and possibly more.
The trial court instructed the jury on the affirmative defense of self-defense (burden on defendant by preponderance); jury returned guilty verdict as above; trial court sentenced Howard to a total of five years (including consecutive firearm spec).
On appeal Howard argued the conviction was against the manifest weight of the evidence because he proved self-defense by a preponderance; the Tenth District affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Howard established self-defense by preponderance	State: evidence supports jury verdict that force exceeded reasonable defensive force	Howard: he was not at fault, genuinely believed he faced imminent great bodily harm and had no safe retreat; initial shots justified	Court: Howard proved first and third elements; initial use of deadly force was justified, but a reasonable jury could find the additional shots exceeded reasonable force; conviction not against manifest weight

Eastley v. Volkman, 132 Ohio St.3d 328 (2012) (distinguishes sufficiency and manifest weight standards)
Thompkins v. Ohio, 78 Ohio St.3d 380 (1997) (defines manifest weight review and appellate role as "thirteenth juror")
Robbins v. Ohio, 58 Ohio St.2d 74 (1979) (elements of self-defense affirmative defense)
Martin v. Ohio, 21 Ohio St.3d 91 (1986) (allocates burden to defendant to prove self-defense by preponderance)
Williford v. Ohio, 49 Ohio St.3d 247 (1990) (force must be reasonably necessary in self-defense)
Thomas v. Ohio, 77 Ohio St.3d 323 (1997) (limits on justified use of deadly force)
Tibbs v. Florida, 457 U.S. 31 (1982) (appellate reversal for weight of evidence requires clear miscarriage of justice)
Shane v. Ohio, 63 Ohio St.3d 630 (1992) (words alone do not justify deadly force)