STATE OF OHIO v. PAUL CLAREN
C.A. No. 19AP0015
IN THE COURT OF APPEALS NINTH JUDICIAL DISTRICT
February 24, 2020
2020-Ohio-615
APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF WAYNE, OHIO CASE No. 2016 CRC-I 000289
DECISION AND JOURNAL ENTRY
Dated: February 24, 2020
SCHAFER, Judge.
{1} Defendant-Appellant, Paul Claren, appeals from his convictions in the Wayne County Court of Common Pleas. This Court reverses.
I.
{2} Claren had been a resident of his Orrville apartment for about five years when B.G., the victim herein, moved into the complex. The apartment complex consisted of ground-level units, split into groups of three adjoining units. Claren‘s apartment was an end unit and was situated directly across from the end unit that B.G. shared with his friend and his girlfriend. A street servicing the complex bisected their apartments, and their front doors faced one another. Each apartment had a small, partially fenced-in patio just outside its front door and a walkway that led from the front door down to either parking spaces, the street for the complex, or a common walkway.
{4} On the morning of August 15, 2016, the police stopped B.G. based on a tip that he was driving without a license. The traffic stop took place just outside his apartment and occurred at a time when Claren was sitting on his front stoop. During the stop, Claren greeted the officer and encouraged him to search B.G.‘s apartment. The officer did not do so, but found a small amount of marijuana in the vehicle and cited B.G. for possession.
{5} Later that same evening, Claren approached a different officer who had parked his cruiser in a lot opposite the apartment complex. Claren approached the officer on foot and indicated that he was having problems with his two “crazy” neighbors, both of whom were on drugs. Specifically, he indicated that B.G. and his friend were upset and trying to start a fight with him because they believed he had called the police about B.G. driving without a license. Claren told the officer that he did not know what the “crazy bastards [were] going to do, but, [he] [had] [his] Civil War .44 stoked up and ready to go inside [his] doorway in case [he] need[ed] it * * *.” He also stated that he wanted to start documenting the situation with the police “in case these f***ers come at me and I gotta kill ‘em.” After listening to Claren, the officer and a second officer immediately spoke with B.G. and his friend and cautioned them to stay away from Claren.
{7} The evening of August 18th, Claren shot B.G. once in the chest after B.G. came onto Claren‘s property. Several individuals witnessed at least portions of their encounter, including B.G.‘s friend and Claren‘s friend, who was visiting him at the time. Accounts varied as to who instigated the incident and how exactly it unfolded, but most of the eyewitnesses agreed that Claren drew his gun while B.G. was still about ten feet away from him. Most of the eyewitnesses also agreed that Claren told B.G. several times, at gun point, to leave the property. It was Claren‘s position that he was ultimately forced to shoot B.G. because B.G. ignored his commands, came within arm‘s reach, and attempted to grab his gun. Yet, others indicated that B.G. had his arms raised and was daring Claren to shoot him when Claren fired his gun. Immediately after being shot, B.G. collapsed backwards onto the large concrete pad/landing just
{8} A grand jury indicted Claren on one count of aggravated murder, one count of murder, one count of having a weapon under disability, two repeat violent offender specifications, and two firearm specifications. Claren argued self-defense at trial, but, when it came time to instruct the jury, the court refused to instruct them that self-defense was a defense to aggravated murder. Further, while the court issued a self-defense instruction on the murder count, it refused to include an instruction on the castle doctrine. The jury ultimately found Claren guilty of aggravated murder, the firearm specification linked to that count, and having a weapon under disability. The court then found him guilty of the repeat violent offender specification linked to his aggravated murder count. The court sentenced him to life without the possibility of parole as well as a three-year consecutive term on his firearm specification.
{9} Claren appealed from his convictions, but this Court dismissed his first appeal for lack of a final, appealable order. See State v. Claren, 9th Dist. Wayne No. 17AP0030, 2019-Ohio-260. The trial court then issued another journal entry, dismissing the murder charge that previously had been left unresolved.
{10} Claren now appeals from his convictions and raises two assignments of error for our review.
II.
Assignment of Error I
The failure of the trial court to instruct the jury on the affirmative defense of self-defense, including the “castle doctrine” pursuant to
R.C. 2901.09 constituted plain error and was an abuse of discretion all to the prejudice of [Claren].
{12} In general, “[t]his Court reviews a trial court‘s decision to give or not give jury instructions for an abuse of discretion under the particular facts and circumstances of the case.” State v. Calise, 9th Dist. Summit No. 26027, 2012-Ohio-4797, ¶ 68. The abuse of discretion standard implies that a trial court acted unreasonably, arbitrarily, or unconscionably. Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983). When applying the standard, a reviewing court is precluded from simply substituting its own judgment for that of the trial court. Pons v. Ohio State Med. Bd., 66 Ohio St.3d 619, 621 (1993). Yet, a trial court may be found to have abused its discretion “where it fails to engage in a sound reasoning process.” State v. Pieronek, 9th Dist. Wayne No. 18AP0031, 2019-Ohio-4305, ¶ 20.
{13} If a defendant fails to preserve his objection to a trial court‘s jury instructions, he is limited to a claim of plain error. State v. Fry, 9th Dist. Medina No. 16CA0057-M, 2017-Ohio-9077, ¶ 20. See also
{14} A self-defense instruction is warranted if a defendant “‘has introduced sufficient evidence, which, if believed, would raise a question in the minds of reasonable [jurors] concerning the existence of such issue.‘” State v. Hatfield, 9th Dist. Summit No. 23716, 2008-
“(1) [he] was not at fault in creating the violent situation, (2) [he] had a bona fide belief that [he] was in imminent danger of death or great bodily harm and that [his] only means of escape was the use of force, and (3) [he] did not violate any duty to retreat or avoid the danger.”
State v. Goff, 128 Ohio St.3d 169, 2010-Ohio-6317, ¶ 36, quoting State v. Thomas, 77 Ohio St.3d 323, 326 (1997);
{15} Claren conceded that he shot B.G., but argued that he did so in self-defense. There was testimony that, in the days leading up to the shooting, a series of events previously described herein caused palpable tension between Claren, B.G., and B.G.‘s friend. Claren testified that, on the evening of the shooting, he was sitting in a chair on his front stoop alongside his friend who had stopped to visit. As they chatted, B.G.‘s friend emerged from the apartment
{16} It was Claren‘s testimony that B.G. stopped on a step about ten feet away and continued to issue threats. B.G. then pointed at Claren and Claren‘s friend in turn and stated, “I‘m going to get you and then * * * I‘m going to get you.” In response to that threat, Claren reached back for a loaded revolver he had been keeping just inside his doorway, set it on his lap, and told B.G. to get off his property. Claren testified that B.G. then yelled for his friend and once again began to advance. He stopped within a few feet of Claren, threatened to fight him, repeatedly told him to shoot, and removed his shirt as he continued to yell. Claren continued to tell B.G. to leave, but B.G. ignored him and came within two to three feet of the chair where he was seated. According to Claren, he was forced to shoot B.G. when B.G. attempted to grab his gun. He testified that he felt he had to shoot B.G. because he believed B.G. meant to take his gun and shoot him.
{17} Claren‘s friend also testified that B.G. was the one who initiated their confrontation that evening. He testified that, after B.G. accused them of talking about him, he walked onto Claren‘s property while using inflammatory language. He stated that B.G. eventually said he was “going to kick both of [their] asses” and, in response, Claren produced a gun, set it on his lap, and told B.G. to leave. Claren‘s friend described how reactions to the gun varied. He indicated that he was shocked by its appearance and remained quiet and still. B.G.‘s
{18} B.G.‘s friend testified that Claren and Claren‘s friend initiated their confrontation that evening. It was his testimony that the two yelled out and began “run[ning] their mouths” as he and B.G. were walking across the parking lot. He acknowledged that, just three evenings earlier, the police had cautioned him and B.G. to stay away from Claren. Nevertheless, he stated that B.G. immediately went to confront the men. He testified that he stayed away until B.G. yelled that Claren had a gun. At that point, he too ran over and stood nearby B.G. For the next few minutes, everyone was yelling at one another and B.G. was telling Claren “to put the gun down and fight like a man.” He confirmed that Claren told them, at gun point, that he wanted them off his property, but they did not comply. B.G.‘s friend grudgingly admitted that B.G. was stubborn and, like him, a “hothead.” He testified that B.G. ultimately came within two to three feet of Claren, but had his hands in the air before he got shot. Yet, he admitted that he did not see the actual shooting because he was looking elsewhere when Claren pulled the trigger.
Self-Defense & Aggravated Murder
{19} At the close of the evidence, the court briefly discussed the jury instructions with the parties. The court noted that, in the State‘s proposed instructions, it had included self-defense as a defense to the charge of having a weapon under disability. The following exchange then occurred:
[DEFENSE COUNSEL]: Or to aggravated murder.
THE COURT: Pardon?
[DEFENSE COUNSEL]: Murder or aggravated murder.
THE COURT: Well --
[DEFENSE COUNSEL]: The self-defense.
THE COURT: Aggravated murder, what‘s your position on that, [prosecutor]?
[PROSECUTOR]: * * * I don‘t believe the self-defense is a defense to aggravated murder, the prior calculation and design, I believe it is a defense to Count 2, the regular murder charge, self-defense is an appropriate instruction there.
THE COURT: Yeah, that would be my thinking * * *.
No further discussion about the self-defense instruction took place. The court later instructed the jury on self-defense only with respect to Claren‘s murder charge.
{20} Claren did not object when the trial court refused to issue the jury a self-defense instruction on his aggravated murder charge. Nor did he present the court with any law or argument on that issue. He concedes that he is limited to a claim of plain error on appeal. As such, in reviewing his argument, we must determine whether the trial court committed an obvious error and, if so, whether “the evidence presented by [Claren], if believed by a properly instructed jury, would [have] support[ed] an acquittal on the grounds of [self-defense].” State v. Williford, 49 Ohio St.3d 247, 252 (1990). See also State v. Baskerville, 9th Dist. Summit No. 28148, 2017-Ohio-4050, ¶ 48.
{21} The only reason the trial court offered for refusing to include the self-defense instruction herein was that it accepted the prosecutor‘s position that the theories of self-defense and prior calculation and design are inconsistent as a matter of law. Yet, “there are affirmative
{22} On appeal, the State asserts that the court‘s legal error, if any, was harmless because Claren was not entitled to any self-defense instruction. It argues that Claren set forth insufficient evidence in support of his affirmative defense, so the court ought to have withheld the instruction on both his aggravated murder and murder charges. Yet, in the court below, the State specifically acknowledged that self-defense was “an appropriate instruction” on “the regular murder charge.” There was no difference in the evidence Claren adduced to defend against each of his murder charges. He set forth evidence that B.G. initiated the affray, B.G. came onto his property without permission and ignored his commands to leave, B.G. came within arm‘s reach while threatening to harm him, B.G. reached for his gun, and he felt he had no choice but to shoot B.G. Though other witnesses testified differently, a sufficiency analysis does not concern itself with the weight, credibility, or believability of the evidence presented. See State v. Johnson, 9th Dist. Lorain No. 13CA010496, 2015-Ohio-1689, ¶ 10-11. Claren only had to set forth “sufficient evidence, which, if believed, would raise a question in the minds of reasonable [jurors] concerning the existence of [his self-defense claim].” Hatfield, 2008-Ohio-
The Castle Doctrine
{23} Claren also asserts that the trial court erred when it refused to instruct the jury that he had no duty to retreat. He argues plain error based on his failure to formally object to the trial court‘s refusal to issue the instruction. See
[a] party does not [forfeit] his objections to the court‘s charge by failing to formally object thereto (1) where the record affirmatively shows that a trial court has been fully apprised of the correct law governing a material issue in dispute, and (2) the requesting party has been unsuccessful in obtaining the inclusion of that law in the trial court‘s charge to the jury.
State v. Wolons, 44 Ohio St.3d 64 (1989), paragraph one of the syllabus. The record reflects that Claren requested an instruction on the castle doctrine in his proposed jury instructions with a memorandum in support of the instruction, argued for the inclusion of the instruction at the start of trial, participated in an off-the-record side bar discussion about the instruction at the conclusion of trial, and renewed his request for the instruction when the court finished instructing the jury. Meanwhile, the State opposed the instruction and provided the court with case law in support of its argument. Though Claren was unsuccessful in obtaining the instruction, the record affirmatively shows that the trial court was apprised of both his and the State‘s positions on the issue and the governing law. See id. Under these circumstances, we
{24} If an unprovoked attack occurs in or about a person‘s residence, the castle doctrine obviates his duty to retreat before employing deadly force. See Thomas, 77 Ohio St.3d at 327. The doctrine recognizes “that one‘s home is one‘s castle and one has a right to protect it and those within it from intrusion or attack.” Id. Further, to invoke the doctrine, a person need not be within the confines of the four walls of his home. See, e.g., Williford, 49 Ohio St.3d at 250 (victim shot on defendant‘s porch); Jackson, 22 Ohio St.3d at 284-285 (victim shot while walking up porch stairs leading to defendant‘s apartment). A person‘s “residence” is defined as a “building or conveyance of any kind that has a roof over it and that is designed to be occupied by people lodging [there] at night, * * * includ[ing] but [] not limited to, an attached porch * * *.”
{25} The trial court offered an extremely limited rationale on the record for its refusal to issue a castle doctrine instruction. It was the State‘s position that Claren was not entitled to the instruction because he was not sitting inside his house or on an attached porch when he shot B.G. It was Claren‘s position that the area where he was sitting was a part of his “residence” for purposes of
{27} It is undisputed that the affray herein occurred on property Claren was lawfully occupying. Thus, the only issue before the court was whether Claren set forth sufficient evidence that the exact spot where the shooting occurred was part of his “residence.” See
Nature of the Court‘s Errors
{28} Having determined that the trial court committed an obvious error and abused its discretion by not instructing the jury on self-defense (as to aggravated murder) and the castle doctrine, this Court now must decide whether those errors warrant reversal. See Williford, 49 Ohio St.3d at 250-251. Under these facts and circumstances, we have no choice but to answer that question in the affirmative. Claren‘s entire defense was premised upon his having acted in self-defense. He did not learn until the close of the evidence that the trial court would not permit the jury to consider that defense on his most serious charge. Though the jury ultimately may have rejected his defense, this Court “is not convinced beyond a reasonable doubt that, had the jury been fully apprised of the law of self-defense, the verdict would have been the same.” State v. Cuttiford, 93 Ohio App.3d 546, 559 (9th Dist. 1994). Claren “presented testimony which, if believed by a properly instructed jury, would have supported an acquittal.” Williford at 251. Indeed, if the affray occurred in the manner he described, he was entitled to a presumption that he acted in self-defense. See
Assignment of Error II
[Claren] received ineffective assistance of counsel when trial counsel failed to object to the trial court‘s decision to not instruct the jury on self-defense in violation of the Defendant‘s rights under the Sixth and Fourteenth Amendments to the United States Constitution.
{29} In his second assignment of error, Claren argues that he received ineffective assistance of counsel because his attorney failed to object when the court refused to instruct the jury on self-defense (as to his aggravated murder count) and the castle doctrine. Given this Court‘s resolution of Claren‘s first assignment of error, his second assignment of error is moot, and we decline to address it. See
III.
{30} Claren‘s first assignment of error is sustained. His second assignment of error is moot, and we decline to address it. The judgment of the Wayne County Court of Common Pleas is reversed, and the cause is remanded for further proceedings consistent with the foregoing opinion.
Judgment reversed, and cause remanded.
There were reasonable grounds for this appeal.
Immediately upon the filing hereof, this document shall constitute the journal entry of judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the period for review shall begin to run.
Costs taxed to Appellee.
JULIE A. SCHAFER
FOR THE COURT
TEODOSIO, P. J.
CARR, J.
CONCUR.
APPEARANCES:
NORMAN R. “BING” MILLER, JR., Attorney at Law, for Appellant.
DANIEL R. LUTZ, Prosecuting Attorney, and ANDREA D. UHLER, Assistant Prosecuting Attorney, for Appellee.