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18 Ohio opinions name it 1 courts 2006–2025 14 in the last five years
The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. Petwaygreen2 sentences2022State v. Petway, 2020-Ohio-3848 , 156 N.E.3d 467, ¶ 55 (11th Dist.), appeal not allowed, 160 Ohio St.3d 1460 , 2020-Ohio-5332 , 157 N.E.3d 794 , reconsideration denied, 160 Ohio St.3d 1512 , 2020-Ohio-6835 , 159 N.E.3d 1172 ; R.C. 2901.05(A). {¶48} At the time of appellant’s offense, the elements of a valid claim of self- defense were: “(1) the defendant was not at fault in creating the situation giving rise to the affray; (2) the defendant had a bona fide belief that he or she was in imminent danger of death or great bodily harm and that his or her only means of escape from such danger was in 2022State v. Petway, 2020-Ohio-3848 , 156 N.E.3d 467, ¶ 55 (11th Dist.), appeal not allowed, 160 Ohio St.3d 1460 , 2020-Ohio-5332 , 157 N.E.3d 794 , reconsideration denied, 160 Ohio St.3d 1512 , 2020-Ohio-6835 , 159 N.E.3d 1172 ; R.C. 2901.05(A). {¶48} At the time of appellant’s offense, the elements of a valid claim of self- defense were: “(1) the defendant was not at fault in creating the situation giving rise to the affray; (2) the defendant had a bona fide belief that he or she was in imminent danger of death or great bodily harm and that his or her only means of escape from such danger was in | 5 | 8 |
State v. Barnesgreen2 sentences2023Geauga No. 2021-G-0029, 2022-Ohio-4568, ¶ 104 . {¶37} The elements of a valid claim of self-defense have been found to include: “(1) the defendant was not at fault in creating the situation giving rise to the affray (2) the defendant had a bona fide belief that he or she was in imminent danger of death or great bodily harm and that his or her only means of escape from such danger was in the use of such force; and (3) the defendant did not violate any duty to retreat or avoid the danger.” State v. Barnes, 94 Ohio St.3d 21, 24 , 759 N.E.2d 1240 (2002). 2023Geauga No. 2021-G-0029, 2022-Ohio-4568, ¶ 104 . {¶37} The elements of a valid claim of self-defense have been found to include: “(1) the defendant was not at fault in creating the situation giving rise to the affray (2) the defendant had a bona fide belief that he or she was in imminent danger of death or great bodily harm and that his or her only means of escape from such danger was in the use of such force; and (3) the defendant did not violate any duty to retreat or avoid the danger.” State v. Barnes, 94 Ohio St.3d 21, 24 , 759 N.E.2d 1240 (2002). | 4 | 14 |
State v. Robbinsgreen2 sentences2022The elements of a valid claim of self-defense are as follows: (1) the defendant was not at fault in creating the situation giving rise to the affray; Richland County, Case No. 2021 CA 0081 25 (2) the defendant had a bona fide belief that he or she was in imminent danger of death or great bodily harm and that his or her only means of escape from such danger was in the use of such force; and (3) the defendant did not violate any duty to retreat or avoid the danger. {¶100} State v. Petway, 2020-Ohio-3848 , 156 N.E.3d 467, ¶ 41 (11th Dist.), citing State v. Barnes, 94 Ohio St.3d 21 , 24, 2002-Ohio 2022The elements of a valid claim of self-defense are as follows: (1) the defendant was not at fault in creating the situation giving rise to the affray; Richland County, Case No. 2021 CA 0081 25 (2) the defendant had a bona fide belief that he or she was in imminent danger of death or great bodily harm and that his or her only means of escape from such danger was in the use of such force; and (3) the defendant did not violate any duty to retreat or avoid the danger. {¶100} State v. Petway, 2020-Ohio-3848 , 156 N.E.3d 467, ¶ 41 (11th Dist.), citing State v. Barnes, 94 Ohio St.3d 21 , 24, 2002-Ohio | 1 | 10 |
State v. Walkergreen2 sentences2022Under the burden shifting framework outlined in the current version of R.C. 2901.05(B), which became effective on April 6, 2021, “the state is not required to prove the defendant did not act in self-defense until that defendant introduces evidence that tends to support they acted in self-defense.” State v. Walker, 2021-Ohio-3860 , 180 N.E.3d 60, ¶ 61 (6th Dist.), citing Petway at ¶ 55 . 2022Under the burden shifting framework outlined in the current version of R.C. 2901.05(B), which became effective on April 6, 2021, “the state is not required to prove the defendant did not act in self-defense until that defendant introduces evidence that tends to support they acted in self-defense.” State v. Walker, 2021-Ohio-3860 , 180 N.E.3d 60, ¶ 61 (6th Dist.), citing Petway at ¶ 55 . | 1 | 1 |
State v. Thomasgreen1 sentence2006See, e.g., State v. Thomas (1997), 77 Ohio St.3d 323 , 326 * * *; State v. Williford (1990), 49 Ohio St.3d 247 , 249 * * *; State v. Jackson (1986), 22 Ohio St.3d 281 , 283 * * *; State v. Robbins (1979), 58 Ohio St.2d 74 , 79-80 * * *. {¶ 20} "An individual who is without fault may defend himself by using either deadly or nondeadly force. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Barnes
green
2 sentences2025State v. Clemmons, 2020-Ohio- 5394, ¶ 22, fn. 4 (12th Dist.), citing State v. Barnes, 2002-Ohio-68, ¶ 11 , and State v. Robbins, 58 Ohio St.2d 74 (1979), paragraph two of the syllabus. -4- Butler CA2025-01-006 person lawfully has a right to be." State v. Palmer, 2024-Ohio-539, ¶ 23 . 2022The elements of a valid claim of self-defense are as follows: (1) the defendant was not at fault in creating the situation giving rise to the affray; Richland County, Case No. 2021 CA 0081 25 (2) the defendant had a bona fide belief that he or she was in imminent danger of death or great bodily harm and that his or her only means of escape from such danger was in the use of such force; and (3) the defendant did not violate any duty to retreat or avoid the danger. {¶100} State v. Petway, 2020-Ohio-3848 , 156 N.E.3d 467, ¶ 41 (11th Dist.), citing State v. Barnes, 94 Ohio St.3d 21 , 24, 2002-Ohio | 2 | 2022–2025 |
State v. Corey
green
2 sentences2023Geauga No. 2021-G-0029, 2022-Ohio-4568, ¶ 104 . {¶37} The elements of a valid claim of self-defense have been found to include: “(1) the defendant was not at fault in creating the situation giving rise to the affray (2) the defendant had a bona fide belief that he or she was in imminent danger of death or great bodily harm and that his or her only means of escape from such danger was in the use of such force; and (3) the defendant did not violate any duty to retreat or avoid the danger.” State v. Barnes, 94 Ohio St.3d 21, 24 , 759 N.E.2d 1240 (2002). 2023Geauga No. 2021-G-0029, 2022-Ohio-4568, ¶ 104 . {¶19} The elements of a valid claim of self-defense include: “(1) the defendant was not at fault in creating the situation giving rise to the affray and (2) that the defendant had a bona fide belief that he was in imminent danger of death or great bodily harm and that his only means of escape from such danger was in the use of such force; and (3) that the defendant did not violate any duty to retreat or avoid the danger.” State v. Barnes, 94 Ohio St.3d 21, 24 , 759 N.E.2d 1240 (2002). | 2 | 2023–2023 |
State v. Palmer
green
1 sentence2025State v. Clemmons, 2020-Ohio- 5394, ¶ 22, fn. 4 (12th Dist.), citing State v. Barnes, 2002-Ohio-68, ¶ 11 , and State v. Robbins, 58 Ohio St.2d 74 (1979), paragraph two of the syllabus. -4- Butler CA2025-01-006 person lawfully has a right to be." State v. Palmer, 2024-Ohio-539, ¶ 23 . | 1 | 2025–2025 |
State v. Sepeda
green
1 sentence2022Lucas No. L-21-1123, 2022-Ohio-1889, ¶ 47 , quoting State v. Petway, 2020-Ohio-3848 , 156 N.E.3d 467, ¶ 41 (11th Dist.). 12. {¶ 27} Here, the bodycam videos show that Barth was simply escorting Lewis into the patrol car at the time Lewis bit his neck. | 1 | 2022–2022 |
State v. Delaffuente
green
1 sentence2022CA2015-03-040 and CA2015-03-042, 2015-Ohio-4917, ¶ 8 . {¶24} It is well established that in cases involving use of deadly force, the elements of a valid claim of self-defense are as follows: (1) the accused was not at fault in creating the situation giving rise to the affray; (2) the accused had a bona fide belief that he or she was in imminent danger of death or great bodily harm and that his or her only means of escape from such danger was in the use of such force; and (3) the accused did not violate -7- Warren CA2021-08-069 any duty to retreat or avoid the danger. | 1 | 2022–2022 |
State v. White
green
1 sentence2020White, 2020-Ohio-3313 at ¶ 39 . {¶ 23} After thoroughly reviewing the record, we find that the trial court did not lose its way and create a manifest miscarriage of justice in finding appellant guilty of assault. | 1 | 2020–2020 |
State v. Jackson
green
1 sentence2006See, e.g., State v. Thomas (1997), 77 Ohio St.3d 323 , 326 * * *; State v. Williford (1990), 49 Ohio St.3d 247 , 249 * * *; State v. Jackson (1986), 22 Ohio St.3d 281 , 283 * * *; State v. Robbins (1979), 58 Ohio St.2d 74 , 79-80 * * *. {¶ 20} "An individual who is without fault may defend himself by using either deadly or nondeadly force. | 1 | 2006–2006 |
State v. Williford
green
1 sentence2006See, e.g., State v. Thomas (1997), 77 Ohio St.3d 323 , 326 * * *; State v. Williford (1990), 49 Ohio St.3d 247 , 249 * * *; State v. Jackson (1986), 22 Ohio St.3d 281 , 283 * * *; State v. Robbins (1979), 58 Ohio St.2d 74 , 79-80 * * *. {¶ 20} "An individual who is without fault may defend himself by using either deadly or nondeadly force. | 1 | 2006–2006 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.