State v. Stevenson
2018 Ohio 5140
Ohio Ct. App.2018Background
- Defendant Shante L. Stevenson was indicted for murder (merged counts), having weapons while under disability, and firearm and repeat-violent-offender (RVO) specifications arising from the January 30, 2016 fatal shooting of Marty Blair.
- State witnesses (White, Lofton, Stillwell, and Blair’s girlfriend Reid) placed Stevenson at Blair’s house, and Reid identified Stevenson as the man in the kitchen; crime-scene evidence recovered a fired 9mm casing and a bullet in the kitchen.
- Medical testimony established a single perforating gunshot wound to Blair’s head; the wound indicated a noncontact shot fired from an indeterminate distance.
- Stevenson testified he went to buy marijuana, brought a gun at White’s request, entered Blair’s home after Blair signaled only Stevenson come in, and shot Blair during a struggle after Blair allegedly grabbed for Stevenson's money and pulled a gun. He asserted self-defense.
- The jury convicted Stevenson of murder, having weapons while under disability, and the firearm and RVO specifications; the trial court sentenced him to 15 years-to-life for murder plus consecutive terms for the firearm and RVO specifications, and concurrent time on the weapons-disability count.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by refusing to instruct the jury on voluntary manslaughter | State: No instruction warranted because evidence supported self-defense and not sudden passion | Stevenson: Jury could reject self-defense but still find voluntary manslaughter based on provocation (Blair pulling a gun/attempted robbery) | Affirmed: No plain error — evidence showed fear, not sudden passion or fit of rage, so voluntary manslaughter instruction not warranted |
| Whether the self-defense jury instruction was erroneous, misleading, or insufficiently tailored | State: The instructions correctly stated Ohio law on self-defense using deadly force | Stevenson: Instructions were confusing, failed to define "at fault," improperly required proof he had no reasonable grounds to believe assailant did not intend death, and inappropriately included duty-to-avoid-danger language | Affirmed: Instructions, read as a whole, correctly stated law; defendant waived all but plain error and failed to show plain error |
| Whether the trial court should have defined "at fault" or made immaterial defendant’s prior unlawful conduct explicit | State: Black-letter law requires not-at-fault element; jury was told defendant must not have provoked the affray | Stevenson: Jury could infer fault from his involvement in buying marijuana or carrying a gun | Held: No plain error — instruction that defendant must not have provoked the other party sufficed; prior criminal conduct not dispositive to being "at fault" |
| Whether jury should have been instructed that possession/use of a gun by Blair could be inferred as intent to kill | State: The wound-with-deadly-weapon inference applies when a wound is inflicted with a weapon to destroy life; no evidence Blair inflicted a wound on Stevenson | Stevenson: Instruction on inference from Blair’s gun possession would aid his self-defense claim | Held: No plain error — inference instruction as given was appropriate and no instruction permitted inferring Blair’s intent from mere possession |
Key Cases Cited
- State v. Comen, 50 Ohio St.3d 206 (trial court must give jury all instructions relevant and necessary)
- State v. Shane, 63 Ohio St.3d 630 (elements and provocation standard for voluntary manslaughter)
- State v. Rhodes, 63 Ohio St.3d 613 (burden to prove voluntary manslaughter elements by preponderance)
- State v. Thomas, 77 Ohio St.3d 323 (self-defense second-prong is combined subjective/objective test)
- State v. Barnes, 94 Ohio St.3d 21 (elements of self-defense using deadly force)
- State v. Robbins, 58 Ohio St.2d 74 (first aggressor and "not at fault" explanation)
- State v. Mack, 82 Ohio St.3d 198 (fear alone is insufficient for sudden passion)
- State v. Melchior, 56 Ohio St.2d 15 (duty to retreat/avoid danger when using deadly force outside one’s home)
- State v. Underwood, 3 Ohio St.3d 12 (failure to object to jury instruction waives error unless plain error)