State v. Rose, 2024 Ohio 5689

Marci Rose was convicted of misdemeanor assault after a physical altercation with her daughter-in-law, A.H., in Hamilton County, Ohio.
The conflict arose over childcare arrangements and escalated after a series of hostile text messages.
The altercation occurred in A.H.'s home after Rose went to pick up her granddaughter and a confrontation ensued.
Both parties had conflicting accounts: A.H. claimed Rose instigated the violence, while Rose stated she acted in self-defense.
The trial court, after a bench trial, found A.H. credible, determining Rose was the initial aggressor, her force was unnecessary, and she failed a duty to retreat.
The appellate court affirmed the conviction and remanded for correction of a clerical error that misreported Rose's plea as guilty by plea rather than not guilty by verdict.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency and Weight of Evidence	Rose did not act in self-defense; initial aggressor	Acted in self-defense, not at fault	Evidence supported that Rose was initial aggressor; conviction upheld
Necessity of Force	Rose's use of force was unnecessary	Force necessary to repel harm	Rose’s force exceeded necessity; conviction upheld
Duty to Retreat	Rose had no right to stay after being told to leave	Lawfully present; no duty to retreat	Rose violated duty to retreat; conviction upheld
Clerical Error in Journal	Records accurately reflect plea	Journal misstates plea as guilty by plea	Clerical error exists; remand to correct record

State v. Mitchell, 2023-Ohio-2604 (Defining state’s burden to disprove self-defense beyond a reasonable doubt)
State v. Messenger, 2022-Ohio-456 (Clarifying standards in self-defense claims)
State v. Howell, 2017-Ohio-7182 (Standard for manifest weight review)
State v. Barnes, 2017-Ohio-383 (Appellate court need not accept incredible testimony)
State v. Bullock, 2022-Ohio-925 (Deference to trial court on credibility)
State v. Zafar, 2020-Ohio-3341 (Discretion for trial factfinder to credit or discredit testimony)