State v. Walker, 2012 Ohio 4274

Dwayne Walker was convicted of felony murder, aggravated burglary, aggravated robbery, and felonious assault after a home-invasion style robbery at Thornton’s residence; his co-defendant Maddox testified against him.
Evidence included handgun found at the scene (Glock) with blood matching Walker, a magazine in Walker’s pocket, and DNA from blood at multiple locations linking Walker to the scene.
Witnesses testified they were inside Thornton’s home; some identified Walker as the shooter, others did not directly identify him, but police linked him through hospital records and subsequent evidence.
Maddox pleaded guilty to robbery and testified for the state; he described the plan to rob the gamblers but indicated Walker continued the attempt and fired shots.
The trial court merged firearm specifications and felonious assault into felony murder and sentenced Walker to 28 years to life, plus post-release control; HB 86 prompted remand for proper HB 86 resentencing procedures.
On appeal, the court affirmed convictions but vacated the sentence in part and remanded for resentencing to address HB 86 requirements and mandatory findings for consecutive terms.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency/manifest weight of the evidence	Walker contends insufficient evidence and/or weight issues undermine convictions.	Walker asserts the evidence does not support the elements of the charged offenses.	Evidence sufficient; convictions upheld.
Castle Doctrine jury instruction error	State asserts the instruction properly applied Castle Doctrine to Crosby as a resident/guest.	Walker argues the instruction improperly extended Castle Doctrine to a guest and shifted burdens (plain error).	Plain error found but not prejudicial; convictions remain valid.
Ineffective assistance of counsel	State argues trial counsel’s performance was reasonable; no prejudicial errors.	Walker claims counsel failed on leading questions objection, declined traditional self-defense instruction, and allowed unedited interview to be played.	No reversible prejudice; issues overruled.
Consecutive sentences under HB 86	State would apply HB 86 requirements for consecutive sentencing.	Walker contends court erred by imposing consecutive terms without proper HB 86 findings.	Fifth assigned error overruled; sixth sustained; remanded to make proper HB 86 findings.
Allied offenses/merger	State argues no error in sentencing for allied offenses.	Walker argues aggravated robbery and aggravated burglary should have merged with felony murder.	Allied offenses analysis indicates separate purposes; convictions affirmed; merger not mandated for these offenses.

State v. Leonard, 104 Ohio St.3d 54 (2004) (sufficiency and weight standards; Leonard quoted in standard of review)
State v. Jenks, 61 Ohio St.3d 259 (1991) (policies on evidentiary review and standard of review for convictions)
State v. Barnes, 94 Ohio St.3d 21 (2002) (plain-error standard; Crim.R. 52(B) review)
State v. Jackson, 22 Ohio St.3d 281 (1986) (duty to retreat in self-defense; Castle Doctrine context)
State v. Robbins, 58 Ohio St.2d 74 (1979) (self-defense criteria and retreat considerations)
State v. Williford, 49 Ohio St.3d 247 (1990) (Castle Doctrine and home self-defense framework)
State v. Peacock, 40 Ohio St. 333 (1883) (early articulation of self-defense principles)