State v. Zhang, 2016 Ohio 975

Hui Zhang, a Chinese-born University of Toledo graduate, was tried and convicted in Wood County, Ohio, for kidnapping and robbery arising from an August 17, 2013 incident in which Nicholas Liu was held in a basement and his debit card was used to make purchases and ATM withdrawals.
Zhang and co-defendants Brittany and Blake Long and Nicholas Martinez picked up Liu under the pretense of a trip; instead Liu was taken to a house, then a motel, and restrained while ransom demands were attempted.
Martinez carried a knife; Zhang participated in using Liu’s debit card, instructed Liu what to say to his mother (including a ransom demand), and was captured on surveillance running errands and making purchases.
Co-defendants Martinez and the Longs pleaded to abduction and testified for the state at Zhang’s trial.
At trial Zhang asserted she acted under duress (fear of co-defendants) and requested a jury instruction on the affirmative defense of duress; the trial court denied the instruction citing lack of pretrial notice and insufficient evidence.
Zhang was convicted of kidnapping and the lesser-included offense of robbery and sentenced to concurrent six-year terms; on appeal she argued (1) the court erred by refusing the duress instruction and (2) trial counsel was ineffective for failing to give pretrial notice of the duress defense.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused its discretion by refusing a jury instruction on the affirmative defense of duress	Preclusion was proper because defendant failed to provide pretrial notice and evidence was insufficient to show immediate, continuous threat supporting duress	Zhang argued she acted under duress and requested the instruction; no pretrial notice was required for duress	Court: denial based on lack of notice was an abuse of discretion, but denial based on insufficient evidence was proper; no duress instruction warranted
Whether trial counsel was ineffective for failing to give pretrial notice of intent to assert duress	State: if notice were required, failure could raise IAC claim	Zhang: counsel’s failure to give notice prejudiced her defense	Court: pretrial notice for duress not required under Crim.R.12.1; because no notice requirement existed, ineffective-assistance claim fails

State v. White, 142 Ohio St.3d 277, 2015-Ohio-492, 29 N.E.3d 939 (sets standard that jury instructions must correctly state law and fit the facts)
Blakemore v. Blakemore, 5 Ohio St.3d 217, 450 N.E.2d 1140 (abuse of discretion defined)
State v. Good, 110 Ohio App. 415, 165 N.E.2d 28 (duress requires immediate, continuous threat; fear of future harm insufficient)
State v. Cross, 58 Ohio St.2d 482, 391 N.E.2d 319 (duress is narrowly applied; all elements must be met and court may refuse instruction if evidence insufficient)