State v. Ray, 2013 Ohio 3671

On June 17, 2012, Michael Jacob Ray (age 18) and his stepfather Brian Schmidt engaged in a physical altercation at the family home after Brian confronted Michael about drinking alcohol.
Brian (much larger physically) chest-bumped, shoved, and punched Michael several times; Michael testified he was struck 4–5 times and began to lose vision.
Michael grabbed a 5.25-inch hunting knife from his dresser and stabbed Brian once in the supraclavicular region; Brian collapsed and died at the scene from transection of the subclavian artery and vein.
Michael made statements to a 9-1-1 dispatcher (“I’m a murderer… I stabbed him”) and to himself in custody; his mother gave inconsistent statements about whether Brian or Michael produced a knife/weapon.
Michael was indicted for murder, sought a jury instruction that there is no duty to retreat from one’s home, claimed self-defense at trial, but the jury convicted him of murder and he was sentenced to 15 years to life.
On appeal Michael argued the trial court erred by refusing his proposed “no duty to retreat from one’s home” instruction; the court analyzed whether the omitted instruction was an abuse of discretion and whether the omission was prejudicial.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Ray)	Held
Whether the trial court erred by refusing to instruct the jury that there is no duty to retreat from one’s home when claiming self-defense	The court’s given instruction correctly stated the law on duty to retreat and the exceptions; omission of the specific “no duty to retreat” language did not prejudice Ray	Ray argued Ohio law and common law eliminate the duty to retreat when assaulted in one’s home and requested an instruction stating there is no duty to retreat from one’s home	The trial court abused its discretion by not giving the specific “no duty to retreat from one’s home” instruction, but the omission was harmless because the evidence failed to satisfy other self‑defense elements (no bona fide belief of imminent death/serious bodily harm; excessive, deadly force)

State v. Thomas, 77 Ohio St.3d 323 (Ohio 1997) (no duty to retreat when assaulted in one’s home; no distinction between intruder and cohabitant)
State v. Barnes, 94 Ohio St.3d 21 (Ohio 2002) (elements of self-defense; defendant must prove elements by preponderance)
State v. Jackson, 22 Ohio St.3d 281 (Ohio 1986) (self-defense elements are cumulative; failure to prove any element is fatal)
State v. Williford, 49 Ohio St.3d 247 (Ohio 1990) (defendant entitled to complete jury instructions on issues raised by evidence)
State v. Comen, 50 Ohio St.3d 206 (Ohio 1990) (trial court must give accurate, complete instructions when defense is raised)
State v. Ward, 168 Ohio App.3d 701 (Ohio Ct. App. 2006) (discussed by parties regarding no‑duty‑to‑retreat in home intruder context)