Warren v. Chipps, 2017 Ohio 7295

Defendant Daniel Chipps was charged with one count of misdemeanor assault after an altercation at his girlfriend Tiffany Pirivatric’s home on May 8, 2016; victim was Tiffany’s step-grandfather, Thomas Trunick.
Trunick arrived unannounced around 8:00 a.m., knocked and shouted at the interior door; testimony conflicted about whether he pushed the door open but all agreed he never fully entered the residence.
When the interior door was pushed open further, Chipps struck Trunick, knocking him down and causing broken glasses and scrapes.
Trial was a bench trial; city presented Trunick’s testimony; defense presented Tiffany and neighbor Trevonne Davis.
Trial court found Chipps guilty of assault, sentenced him to jail time (partially suspended), a fine, and five years’ probation with no contact with Trunick.
On appeal Chipps argued the conviction was against the manifest weight of the evidence and that he was justified under the castle doctrine or defense-of-others. The appellate court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether conviction is against the manifest weight of the evidence	City: testimony supports knowing causing physical harm; bench found witness credibility for city	Chipps: trial evidence shows he acted in defense (castle doctrine or defense of others); conviction is against weight	Affirmed — appellate court found no manifest miscarriage of justice; weight supports conviction
Whether castle doctrine justified force	City: castle doctrine does not apply because Trunick did not enter the home	Chipps: claimed right to use force to repel trespass into residence where he stayed	Rejected — court credited testimony that Trunick never entered, so castle doctrine not applicable
Whether defense-of-others justified force	City: no evidence Tiffany faced imminent danger or believed she was in imminent danger	Chipps: argued he could use force to defend Tiffany	Rejected — defendant failed to prove (by preponderance) Tiffany was entitled to self-defense or believed she faced imminent great bodily harm
Standard for appellate review of weight challenge	City: trial court credibility findings are entitled to deference on appeal	Chipps: challenges factual findings and credibility	Applied — appellate court deferred to trial factfinder and found no reversal warranted

State v. Thompkins, 78 Ohio St.3d 380 (appellate standard for manifest-weight review)
State v. Martin, 20 Ohio App.3d 172 (definition of manifest miscarriage of justice in weight review)
State v. Long, 127 Ohio App.3d 328 (deference to trial court on witness credibility)
State v. DeHass, 10 Ohio St.2d 230 (principle that appellate courts defer to trial court credibility findings)
State v. Seliskar, 35 Ohio St.2d 95 (defense-of-others/self-defense principles)
State v. Robbins, 58 Ohio St.2d 74 (elements/standards for self-defense and duty to retreat)