State v. Owens
2012 Ohio 5887
Ohio Ct. App.2012Background
- Owens was convicted of felonious assault after a jury trial; he was also charged with aggravated burglary and assault but acquitted on those counts, and he received an eight-year prison term plus a monetary judgment for damages.
- Owens dated Iris Butler for two years; after their breakup he harassed Butler, and Butler became concerned about his temper.
- On September 14–15, 2011, Butler’s new boyfriend Jones visited Butler; Owens drove by, then accelerated his car toward Jones, allegedly in an attempt to confront him.
- Jones, licensed to carry a firearm, fired at Owens’s car after Owens drove onto the lawn and toward Jones twice; Owens fled into Butler’s home and then attacked Butler.
- During the incident, Owens’s car tracks and the testimony indicated he intended to strike Jones with the car, and Jones shot Owens in the arm when Owens approached with a possible weapon; Owens claimed he came to check on Butler’s welfare.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Self-defense instruction was warranted? | Owens asserted self-defense due to imminent danger from Jones. | Owens contends the court should have instructed on self-defense. | No; Owens was at fault for creating the situation, so self-defense instruction not required. |
| Ineffective assistance of counsel for failing to request aggravated assault instruction | Counsel failed to request aggravated assault instruction, which was a viable lesser offense. | Counsel’s strategic choice not to request it was not ineffective. | Not ineffective; trial strategy supports the decision. |
| Conviction against the weight of the evidence | Record supports Owens’s version over Butler’s. | Evidence favored Owens’s credibility and intent. | Conviction not against the manifest weight; evidence supported the verdict. |
Key Cases Cited
- State v. Williford, 49 Ohio St.3d 247 (1990 Ohio) (elements of self-defense; duties and beliefs required)
- State v. Thompkins, 78 Ohio St.3d 380 (1997 Ohio) (distinguishes sufficiency from weight of the evidence)
- State v. Griffie, 74 Ohio St.3d 332 (1996 Ohio) (trial strategy; lesser included offenses as strategic decisions)