State v. Petway, 156 N.E.3d 467

Incident: June 9, 2019 parking‑lot altercation recorded on video between defendant Derrick Petway and Seronne Morris; video lacks audio.
Video/fact pattern: Petway approaches Morris at close range while she sits in her car, demands money, reaches into the vehicle, and boxes her in; Morris exits and shoves him; an exchange escalates and the video shows Petway striking Morris and continuing to hit her while she is on the ground.
Police/hospital: Officer observed visible injuries to Morris; Petway was arrested and allegedly admitted he struck her once; Morris treated at hospital for concussion.
Trial: Petway tried, found guilty of first‑degree misdemeanor assault; defense requested a jury instruction on self‑defense which the trial court denied after reviewing the video.
Appeal: Petway argued the March 28, 2019 amendment to R.C. 2901.05(B)(1) lowered his burden to secure a self‑defense instruction; the appellate court affirmed, holding the video did not “tend to support” self‑defense and Petway was at fault for creating the situation.

Issue	State's Argument	Petway's Argument	Held
Whether the evidence presented (video) "tends to support" that defendant used force in self‑defense so as to require a jury instruction under amended R.C. 2901.05(B)(1)	Video does not tend to support self‑defense; it shows Petway provoked and boxed in Morris, so no instruction warranted	Amended statute lowered the burden of production; the video (and jury question) raised a triable issue of self‑defense and required an instruction	Court held the video, viewed in defendant's favor, did not tend to support that Petway was not at fault in creating the affray; no instruction required; conviction affirmed
How to construe the phrase "tends to support" in R.C. 2901.05(B)(1)	The phrase requires qualitative evidence beyond mere minimal proof; consistent with Melchior standard	Argued the amendment lowered the production burden and courts should err for the defendant when evidence is close	Court held "tends to support" means evidence that "serves, contributes, or conduces in some degree" to self‑defense and is functionally equivalent to the Melchior standard (sufficient to raise a question in reasonable jurors' minds)

State v. Melchior, 56 Ohio St.2d 15 (Ohio 1978) (established standard for defendant's burden of production: evidence must be sufficient to raise a reasonable question of self‑defense)
State v. Robinson, 47 Ohio St.2d 103 (Ohio 1976) (discusses burdens of production and persuasion for affirmative defenses)
State v. Adams, 144 Ohio St.3d 429 (Ohio 2015) (abuse‑of‑discretion review for refusal to give jury instructions)
State v. Barnes, 94 Ohio St.3d 21 (Ohio 2002) (elements of self‑defense)
State v. Comen, 50 Ohio St.3d 206 (Ohio 1990) (trial courts must give all relevant and necessary jury instructions)
State v. Jackson, 22 Ohio St.3d 281 (Ohio 1986) (elements of self‑defense are cumulative)
State v. Shane, 63 Ohio St.3d 630 (Ohio 1992) (quality of evidence controls whether lesser/offense or defense instructions are required)
State v. Rogers, 43 Ohio St.2d 28 (Ohio 1975) (example of case denying self‑defense where record lacked evidence of reasonable belief of imminent harm)