State v. Smith
2013 Ohio 746
Ohio Ct. App.2013Background
- Indictment for felonious assault arising from a November 7, 2011 beating of Carl Stevenson.
- Trial in Logan County; defense conceded the State’s burden of proof while pursuing self-defense and related defenses.
- State moved in limine to exclude Stevenson’s specific acts; trial proceeded May 15–16, 2012.
- Stevenson testified to multiple head blows, injuries, and hospitalizations; neighbor Davis corroborated striking observations.
- Smith testified he acted in self-defense and that Stevenson threatened him with knives; questioning about Stevenson’s threats was limited.
- Trial court instructed on self-defense and inferior offense (aggravated assault); jury verdict: guilty of felonious assault; sentence six years.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of victim’s specific conduct to prove self-defense | Smith’s evidence of Stevenson’s threats admissible under Evid.R. 405(B) | Barnes limits specific instances against initial aggressor; evidence may be admitted for state of mind | Evidence exclusion was harmless error |
| Clarity and sequencing of jury instructions and verdict form | Instructions/ form misled jury about defenses after finding felonious assault | Instructions track OJI; sequential approach proper | No reversible error; instructions not confusing or prejudicial |
Key Cases Cited
- State v. Barnes, 94 Ohio St.3d 21 (2002) (self-defense burden; victim’s prior conduct admissibility limits explained)
- State v. Robbins, 58 Ohio St.2d 74 (1979) (self-defense indicators; duty to retreat considerations)
- State v. Murphy, (not provided) (2001) (harmless error in evidentiary exclusion when overwhelming proof of guilt)
- State v. Salyers, 2005-Ohio-2772 (2005) (Evid.R. 405(B) harmless error analysis in self-defense context)
- State v. Moore, 2007-Ohio-3600 (2007) (testimony about victim’s prior conduct to establish defendant's state of mind)