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State v. Walker
2017 Ohio 7236
| Ohio Ct. App. | 2017
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Background

  • Around 1 a.m. on August 16, 2015, at an Akron gas station, Cordell Walker shot the victim multiple times; Walker was indicted for two counts of felonious assault (with firearm specifications) and one count of having weapons while under disability.
  • At trial Walker asserted self-defense and defense of others; the court instructed the jury on those defenses for the felonious assault counts but explicitly excluded them for the weapons-under-disability count.
  • The jury acquitted Walker on one felonious-assault count, convicted him on the other felonious-assault count and the firearm specification, and convicted him of having weapons while under disability; the court merged counts and imposed an aggregate nine-year sentence.
  • Key factual disputes: whether the victim had a gun, who drew a weapon first, and whether Walker was threatened; security video and multiple eyewitness accounts provided conflicting narratives.
  • Walker challenged (1) that his felonious-assault conviction was against the manifest weight of the evidence because he acted in self-defense, and (2) that the trial court erred by refusing to instruct the jury that self-defense applies to the weapons-under-disability charge. The Ninth District affirmed.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether felonious-assault conviction is against the manifest weight of the evidence (self-defense) State: evidence supports the jury’s verdict; jury credibility findings are controlling Walker: weight of evidence shows he acted in self-defense/defense of others Court: Affirmed conviction; jury did not lose its way given conflicting eyewitness accounts and video evidence
Whether trial court erred by refusing to instruct that self-defense applies to having-weapon-under-disability charge State: instruction not required; self-defense inapplicable to weapons-under-disability under facts Walker: requested self-defense instruction for count three (including possible Second Amendment language) Court: No reversible error; record lacks proposed instruction so appellate review not possible and court did not need to decide broader legal question

Key Cases Cited

  • Otten v. State, 33 Ohio App.3d 339 (9th Dist. 1986) (standard for manifest-weight review)
  • Thompkins v. Ohio, 78 Ohio St.3d 380 (Ohio 1997) (appellate court as thirteenth juror in weight review)
  • Tibbs v. Florida, 457 U.S. 31 (U.S. 1982) (discussing appellate weight-of-evidence role)
  • Williford v. State, 49 Ohio St.3d 247 (Ohio 1990) (burden on defendant to prove self-defense by preponderance)
  • Goff v. State, 128 Ohio St.3d 169 (Ohio 2010) (self-defense elements explained)
  • State v. Thomas, 77 Ohio St.3d 323 (Ohio 1997) (self-defense standards)
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Case Details

Case Name: State v. Walker
Court Name: Ohio Court of Appeals
Date Published: Aug 16, 2017
Citation: 2017 Ohio 7236
Docket Number: 28244
Court Abbreviation: Ohio Ct. App.