State v. Turner, 2011 Ohio 5417

Daniel Turner appealed his felonious assault conviction (R.C. 2903.11(A)(1)) for injuring Jack Bozarth during a confrontation that began with a dispute between Bozarth and Yolanda Brown and Turner’s mother.
Brown is Bozarth’s target in the fight; Turner’s act occurred after Bozarth struck Brown, causing serious facial injuries including orbital fractures requiring surgery.
Turner was indicted, tried by jury, and convicted; the trial court sentenced him to four years in prison.
Turner challenged (1) a jury instruction on defense of another, and (2) the sentence length amid asserted mitigating factors.
The appellate court denied both assignments of error and affirmed the judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court should have given a defense of another instruction	Turner contends defense of another applied; he testified defending his mother.	Turner argues the evidence supports an instruction on defending another.	No abuse of discretion; insufficient evidence to raise defense of another.
Whether the sentence was contrary to law due to ignored mitigating factors	State contends proper discretion and statutory goals were considered.	Turner asserts mitigating factors were not properly weighed.	Sentence not contrary to law; within range and supported by reasons.

State v. Williford, 49 Ohio St.3d 247 (Ohio 1990) (defines defense of another and self-defense standards)
State v. Davis, 2007-Ohio-6680 (Ohio App. 6th Dist. 2007) (standard for affirmative defenses and avoidance value)
State v. Robbins, 58 Ohio St.2d 74 (1979) (necessity to prove defense by evidence raising reasonable questions)
State v. Melchoir, 56 Ohio St.2d 15 (Ohio 1978) (syllabus on burden and sufficiency for defenses)