State v. Jefferson, 2012 Ohio 2387

Jefferson shot and killed Austin on June 20, 2009 in an alley in Cleveland after witnessing Austin in a sexual encounter with a prostitute.
Three days later, Jefferson surrendered and claimed the shooting was in self-defense.
Jefferson was indicted for aggravated murder with firearm specifications.
A prior jury trial ended in a mistrial and a second trial occurred in July 2011.
The second jury convicted Jefferson of voluntary manslaughter and the firearm specification, and the court sentenced him.
The central issue was whether the court properly instructed the jury on voluntary manslaughter alongside self-defense, impacting the verdict.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether voluntary manslaughter instruction plus self-defense was proper.	State contends the charge on both offenses was appropriate.	Jefferson objected, arguing the theories are incompatible.	Reversed; dual instruction improper and prejudicial.

State v. Bennett, 2006-Ohio-3566 (7th Dist. No. 04-MA-184 (2006)) (abuse-of-discretion standard for jury instructions)
State v. Wolons, 44 Ohio St.3d 64 ((1989)) (incompatible theories of voluntary manslaughter and self-defense)
State v. Loyed, 2004-Ohio-3961 (8th Dist. No. 83075 (2004)) (dual instructions improper when theories conflict)
State v. Brown, 2010-Ohio-2460 (8th Dist. No. 93007 (2010)) (cites incompatibility of voluntary manslaughter and self-defense)
State v. Harris, 129 Ohio App.3d 527 ((10th Dist. 1998)) (voluntary manslaughter requires sudden passion or rage)
Hill, 108 Ohio App.3d 279 ((8th Dist. 1996)) (instruction on voluntary manslaughter may confuse jury when not supported by evidence)