State v. Suarez, 2011 Ohio 1438

Defendant, David M. Suarez, was convicted of assault (R.C. 2903.13(A)) in the Fairborn Municipal Court and sentenced to 180 days in jail and a $100 fine.
The incident occurred on May 27, 2009 at Suarez’s residence in Fairborn during a party with alcohol consumption, when Rowe was allegedly assaulted after objecting to another man’s conduct toward a woman.
State witnesses testified Rowe was attacked and severely beaten by three men, including Suarez; Rowe sustained facial injuries and required medical treatment.
Defendant and his witnesses testified Rowe was intoxicated, that Suarez asked Rowe to leave, and that Suarez did not hit Rowe or participate in any force.
The trial court denied Suarez’s request to instruct the jury on the Castle Doctrine/self-defense; Suarez appealed raising two assignments of error.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Castle Doctrine instruction	State argues no extra instruction needed; record does not support Castle Doctrine.	Suarez contends a Castle Doctrine self-defense instruction should have been given.	No abuse of discretion; instruction not required based on record.
Conviction against manifest weight	State contends the evidence supports the assault conviction.	Suarez argues the weight of the evidence shows the jury lost its way.	Conviction not contrary to the manifest weight of the evidence; affirmed.

State v. Comen, 50 Ohio St.3d 206 (1990) (requires proper jury instructions on elements and defenses)
State v. Williford, 49 Ohio St.3d 247 (1990) (instructions must cover defenses raised by evidence)
Rice v. City of Cleveland, 144 Ohio St.299 (1944) (courts may refuse requested instructions if not warranted)
State v. Martin, 20 Ohio App.3d 172 (1983) (weighs credibility and weight of evidence on manifest weight review)
State v. Thompkins, 78 Ohio St.3d 380 (1997) (manifest weight review requires examining entire record)
DeHass, 10 Ohio St.2d 230 (1967) (credibility is the jury’s province)
State v. Lawson, Montgomery App. No. 16288 (1997) (deference to jury credibility determinations)