State v. Nye, 2013 Ohio 3783

Nye was convicted by jury of trespass in a habitation when a person is present and felonious assault with a deadly weapon.
The incident occurred March 2, 2012 at 205 Elm Avenue, Tiffin, involving Shawn Brickner, Lisa, John, and Randi.
Shawn testified Nye forced entry attempts, a struggle ensued, and Nye hit Shawn with a torque wrench causing head injuries.
Randi testified Nye drove her to the rear residence, paid for marijuana, and had Nye’s money; items and blood were found in Nye’s vehicle.
Nye testified he acted in self-defense and did not enter the home; the vehicle fight occurred outside, with disputed entry portions.
The trial court instructed self-defense but did not give the presumption of self-defense from R.C. 2901.05(B)(1); the jury found Nye not proven to act in self-defense.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Presumption of self-defense instruction error	Nye submitted proposed instructions including the presumption.	Failure to give presumption violated due process.	Presumption not applicable; no error in omitting instruction.
Weight of the evidence for felonious assault	Evidentiary record supports self-defense and correct conviction.	Jury should have credited self-defense; verdict against weight of the evidence.	Conviction not against weight; evidence supports verdict.

State v. Wolons, 44 Ohio St.3d 64 (1999) (preservation of jury-charge objections when record shows correct law was presented)
State v. Fine, 2010-Ohio-2637 (2010) (provision on preserving error when proffered instructions are rejected)
State v. Hadley, 2013-Ohio-1942 (2013) (presumption of self-defense may be rebutted by evidence)
State v. Petrone, 2012-Ohio-911 (2012) (presumption of self-defense elements)
Thompkins, 78 Ohio St.3d 380 (1997) (manifest weight standard and deference to jury credibility)