State v. Pifer, 2014 Ohio 1363

Appellant Robert J. Pifer was convicted after a bench trial of two counts of felonious assault under R.C. 2903.11(A)(1)-(2) following a confrontation outside a friend's home.
During the incident, Mr. Melton allegedly attacked Pifer with a two-by-four; Pifer testified he retreated to his van as others approached, then struck Melton with the van.
Melton suffered life-threatening injuries; treatment included emergency surgery and air evacuation.
The trial court merged the counts as allied offenses and sentenced on count one to five years in prison, three years post-release control, and restitution of $17,292.03 to Melton.
On appeal, Pifer argues ineffective assistance of counsel for not pursuing self-defense and for not requesting consideration of aggravated assault as a lesser-included offense, and that the verdict was against the manifest weight of the evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Ineffective assistance for self-defense failure	Pifer asserts trial counsel failed to request a self-defense instruction.	Pifer contends counsel should have sought the lesser offense of aggravated assault.	No ineffective assistance; no self-defense instruction warranted
Weight of the evidence	Conviction supported by weight of the evidence against self-defense or lesser offense.	Verdict should reflect entitlement to aggravated assault or self-defense under the evidence.	Conviction not against the manifest weight; weight supports felony assault verdict

State v. Kovacic, 11th Dist. Lake No. 2010-L-065, 2012-Ohio-219 (Ohio 2012) (self-defense instruction requires evidence on three elements)
State v. Barnes, 94 Ohio St.3d 21, 2002-Ohio-68 (Ohio 2002) (test for self-defense instructions and necessity of retreat)
State v. Deem, 40 Ohio St.3d 205, 1988-Ohio-404 (Ohio 1988) (aggravated vs felonious assault; provocation element distinction)
State v. Mabry, 5 Ohio App.3d 13, 1982 (Ohio Ct. App. 1982) (provocation sufficient to incite deadly force in certain circumstances)
State v. DeHass, 10 Ohio St.2d 230, 1967 (Ohio 1967) (standard for appellate weight and credibility review)
State v. Thompkins, 78 Ohio St.3d 380, 1997 (Ohio 1997) (weight-of-evidence standard; defer to trier of fact)
State v. Bradley, 42 Ohio St.3d 136, 1989 (Ohio 1989) (ineffective assistance test; Strickland standard for prejudice)
State v. Gau, 11th Dist. Ashtabula No. 2005-A-0082, 2006-Ohio-6531 (Ohio 2006) (defer to trial strategy; broad latitude in trial tactics)
State v. Phillips, 74 Ohio St.3d 72, 1995 (Ohio 1995) (tactics and strategy; not every strategic decision requires reversal)
State v. Mabry, 5 Ohio App.3d 13, 1982 (Ohio App. 1982) (see above; provocation and deadly force framework)