State v. Kennedy
2025 Ohio 1330
Ohio Ct. App.2025Background
- Willis Ricardo Kennedy was convicted by a Stark County jury of murder and felonious assault for fatally stabbing a man (K.G.) at Girard Gardens Apartments in June 2023 and was sentenced to 15 years to life.
- Security video and eyewitness testimony showed Kennedy brandishing a knife at K.G., who retreated from the lobby and attempted to leave; Kennedy followed and attacked K.G. from behind, stabbing him multiple times.
- Kennedy claimed self-defense, arguing he believed K.G. was a threat based on a verbal altercation and seeing K.G. with a firearm, as well as Kennedy's belief that others were plotting to harm him.
- The jury convicted Kennedy, and the trial court merged the felonious assault count into the murder conviction; Kennedy appealed on four primary grounds.
- On appeal, Kennedy argued errors regarding references to "victim," weight and sufficiency of evidence on self-defense, and the lack of curative jury instructions.
- The appellate court affirmed the conviction after addressing each appellate issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Use of term “victim” at trial | Judge refrained from using “victim”; prosecution permitted | Use of “victim” is prejudicial and should be prohibited | No abuse of discretion; issue not preserved, prosecutor not required to avoid “victim” |
| Manifest weight of evidence (self-defense) | Kennedy created situation, no imminent danger, could have retreated | Credible evidence Kennedy reasonably feared for life | Conviction not against manifest weight; jury's verdict supported by evidence |
| Sufficiency of evidence to refute self-defense | Proper standard is manifest weight, not sufficiency | State failed to provide sufficient evidence disproving self-defense | Sufficiency is incorrect standard; State met burden under manifest weight |
| Lack of curative jury instructions | No curative instruction requested; no prejudice | Court erred by failing to instruct jury after sustained objections | Argument waived; no reversible error |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (Manifest weight of the evidence standard for review)
- State v. Shane, 63 Ohio St.3d 630 (Verbal threats alone usually insufficient for deadly force/self-defense)
- State v. Barnes, 94 Ohio St.3d 21 (Elements of self-defense under Ohio law)
- State v. Messenger, 2022-Ohio-4562 (Affirmative defense of self-defense is not an element of the offense, burden of proof described)
- State v. Eskridge, 38 Ohio St.3d 56 (Manifest weight requirement for guilt beyond a reasonable doubt)