State v. Ratliff, 2023 Ohio 1970

Defendant Tevin Ratliff was indicted for aggravated murder, felony murder (predicate: felonious assault), and felonious assault with one- and three-year firearm specifications arising from the August 23, 2020 shooting death of Samuell Bell.
Eyewitnesses (Jones, Areia, Wright) testified Ratliff repeatedly called/texted Jones, went to the home, confronted Jones and Sam, pointed a gun, and ultimately shot Sam multiple times while Sam was unarmed; a neighbor fired back at Ratliff.
Forensic evidence showed two firearms were used and that Sam sustained 13 gunshot wounds (one to the spinal cord); shell casings and ballistic analysis supported multiple shots from different weapons.
Ratliff testified he acted in self-defense, claiming Sam brandished and fired a gun first; he requested jury instructions on self-defense and on involuntary manslaughter as a lesser-included offense.
The trial court denied both requested instructions; the jury acquitted on aggravated murder but convicted Ratliff of murder (felony murder) and felonious assault; he was sentenced to 15 years-to-life plus three years consecutive for the firearm specification.
On appeal the Eighth District affirmed, holding the record did not support either a self-defense instruction or an involuntary manslaughter instruction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court erred by refusing a self-defense jury instruction	No — evidence disproves self-defense: Ratliff created the affray, failed to retreat, and used excessive force	Yes — Ratliff presented testimony he was threatened/shot at and reasonably feared deadly force	Denied — court reasonably found Ratliff instigated the confrontation, was a trespasser, did not retreat, and shot an unarmed victim running away, so instruction unwarranted
Whether the court erred by refusing an involuntary-manslaughter lesser-included instruction	No — because felonious assault was proven and served as the felony predicate, the evidence could not support acquittal on felony murder but conviction of involuntary manslaughter	Yes — requested as an available lesser-included offense of murder	Denied — involuntary manslaughter is a lesser of murder but, under the facts (felonious assault proven and resulting death), no reasonable view of the evidence supported the lesser verdict

Murphy v. Carrollton Mfg. Co., 61 Ohio St.3d 585 (Ohio 1991) (standards for giving a requested jury instruction)
State v. Melchior, 56 Ohio St.2d 15 (Ohio 1978) (self-defense instruction requires more than mere speculation)
State v. Barnes, 94 Ohio St.3d 21 (Ohio 2002) (elements for use of deadly force in self-defense)
State v. Wine, 140 Ohio St.3d 409 (Ohio 2014) (lesser-included instruction required if any reasonable view of evidence permits conviction of lesser)
State v. Kidder, 32 Ohio St.3d 279 (Ohio 1987) (involuntary manslaughter is a lesser-included offense of murder)
State v. Jenkins, 15 Ohio St.3d 164 (Ohio 1984) (related holdings on murder and lesser offenses)
State v. Thomas, 40 Ohio St.3d 213 (Ohio 1988) (involuntary manslaughter as a lesser-included offense)
State v. Deanda, 136 Ohio St.3d 18 (Ohio 2013) (two-tier analysis for lesser-included offenses)
State v. Evans, 122 Ohio St.3d 381 (Ohio 2009) (statutory-elements and evidence tiers for lesser-included instructions)
Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (abuse-of-discretion standard)
Martin v. Cent. Ohio Transit Auth., 70 Ohio App.3d 83 (Ohio Ct. App. 1990) (force used in defense must be proportionate and objectively reasonable)