criteria for the affirmative defense (Ohio) · Go Syfert
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criteria for the affirmative defense in Ohio

11 Ohio opinions name it 1 courts 2006–2026 5 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.

Followed or applied (5)

CaseFollowedCited
State v. Belchergreen
ohioctapp · 2013 · cited in 4 Ohio opinions naming this issue, 2022–2026
2 sentences

2026However, “one who intervenes to help a stranger stands in the shoes of the person whom he is aiding, and if the person aided is the one at fault, then the intervenor is not justified in his use of force and is guilty of an assault.” * * * Therefore, one who claims the lawful right to act in defense of another must meet the criteria for the affirmative defense of self-defense.’ ” State v. Dixon, 2022-Ohio-2807, ¶ 35 (4th Dist.), quoting State v. Belcher, 2013-Ohio-1234, ¶ 35 (2d Dist.), quoting State v. Moss, 2006- Ohio-1647, ¶ 13 (10th Dist.); State v. Farmer, 2024-Ohio-6063, ¶ 52 (4th Dist.).

2024However, “one who intervenes to help a stranger stands in the shoes of the person whom he is aiding, and if the person aided is the one at fault, then the intervenor is not justified in his use of force and is guilty of an assault.” * * * Therefore, one who claims the lawful right to act in defense of another must meet the criteria for the affirmative defense of self-defense.’ ” State v. Dixon, 4th Dist. Hocking No. 21CA8, 2022-Ohio-2807, ¶ 35 , quoting State v. Belcher, 2nd Dist. Montgomery No. 24968, 2013-Ohio-1234, ¶ 35 , quoting State v. Moss, 10th Dist. Franklin No. 05AP-610, 2006-Ohio-16

24
State v. Dixongreen
ohioctapp · 2022 · cited in 3 Ohio opinions naming this issue, 2024–2026
2 sentences

2026However, “one who intervenes to help a stranger stands in the shoes of the person whom he is aiding, and if the person aided is the one at fault, then the intervenor is not justified in his use of force and is guilty of an assault.” * * * Therefore, one who claims the lawful right to act in defense of another must meet the criteria for the affirmative defense of self-defense.’ ” State v. Dixon, 2022-Ohio-2807, ¶ 35 (4th Dist.), quoting State v. Belcher, 2013-Ohio-1234, ¶ 35 (2d Dist.), quoting State v. Moss, 2006- Ohio-1647, ¶ 13 (10th Dist.); State v. Farmer, 2024-Ohio-6063, ¶ 52 (4th Dist.).

2024However, “one who intervenes to help a stranger stands in the shoes of the person whom he is aiding, and if the person aided is the one at fault, then the intervenor is not justified in his use of force and is guilty of an assault.” * * * Therefore, one who claims the lawful right to act in defense of another must meet the criteria for the affirmative defense of self-defense.’ ” State v. Dixon, 4th Dist. Hocking No. 21CA8, 2022-Ohio-2807, ¶ 35 , quoting State v. Belcher, 2nd Dist. Montgomery No. 24968, 2013-Ohio-1234, ¶ 35 , quoting State v. Moss, 10th Dist. Franklin No. 05AP-610, 2006-Ohio-16

23
State v. Wengergreen
ohio · 1979 · cited in 7 Ohio opinions naming this issue, 2013–2026
2 sentences

2026Therefore, one who claims the lawful right to act in defense of another must meet the criteria for the affirmative defense of self-defense.” State v. Wegner [sic], 58 Ohio St.2d 336 , 340 . . . [(1979)].

2024However, “one who intervenes to help a stranger stands in the shoes of the person whom he is aiding, and if the person aided is the one at fault, then the intervenor is not justified in his use of force and is guilty of an assault.” * * * Therefore, one who claims the lawful right to act in defense of another must meet the criteria for the affirmative defense of self-defense.’ ” State v. Dixon, 4th Dist. Hocking No. 21CA8, 2022-Ohio-2807, ¶ 35 , quoting State v. Belcher, 2nd Dist. Montgomery No. 24968, 2013-Ohio-1234, ¶ 35 , quoting State v. Moss, 10th Dist. Franklin No. 05AP-610, 2006-Ohio-16

17
State v. Farmergreen
ohioctapp · 2024 · cited in 1 Ohio opinions naming this issue, 2026–2026
1 sentence

2026However, “one who intervenes to help a stranger stands in the shoes of the person whom he is aiding, and if the person aided is the one at fault, then the intervenor is not justified in his use of force and is guilty of an assault.” * * * Therefore, one who claims the lawful right to act in defense of another must meet the criteria for the affirmative defense of self-defense.’ ” State v. Dixon, 2022-Ohio-2807, ¶ 35 (4th Dist.), quoting State v. Belcher, 2013-Ohio-1234, ¶ 35 (2d Dist.), quoting State v. Moss, 2006- Ohio-1647, ¶ 13 (10th Dist.); State v. Farmer, 2024-Ohio-6063, ¶ 52 (4th Dist.).

11
State v. Turnergreen
ohioctapp · 2011 · cited in 1 Ohio opinions naming this issue, 2019–2019
1 sentence

2019Accord State v. Turner, 2d Dist. Montgomery No. 24322, 2011-Ohio-5417, ¶ 13 . {¶ 35} In Ohio, self-defense involving the use of deadly force requires proof of three elements: 1) the defendant did not create the violent situation, 2) the defendant had a bona fide belief that he was in danger of death or great bodily harm and that the only way to escape was the use of force, and 3) the defendant did not violate any duty to retreat.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
State v. Moss, Unpublished Decision (3-31-2006) green
ohioctapp · 2006
2 sentences

2024However, “one who intervenes to help a stranger stands in the shoes of the person whom he is aiding, and if the person aided is the one at fault, then the intervenor is not justified in his use of force and is guilty of an assault.” * * * Therefore, one who claims the lawful right to act in defense of another must meet the criteria for the affirmative defense of self-defense.’ ” State v. Dixon, 4th Dist. Hocking No. 21CA8, 2022-Ohio-2807, ¶ 35 , quoting State v. Belcher, 2nd Dist. Montgomery No. 24968, 2013-Ohio-1234, ¶ 35 , quoting State v. Moss, 10th Dist. Franklin No. 05AP-610, 2006-Ohio-16

2016Id. {¶ 42} The evidence in the present case does not demonstrate error on the part of the trial court in concluding that appellant had failed to meet her burden of establishing by a preponderance of the evidence that she acted in self-defense or defense of another.

42012–2024
State v. Blevins green
ohioctapp · 2019
2 sentences

2022State v. Blevins, 2019-Ohio-2744 , 140 N.E.3d 27 , ¶ 75 (4th Dist.). {¶37} Here there was no evidence that Melody was in imminent danger of death or great bodily harm.

2022State v. Blevins, 2019-Ohio-2744 , 140 N.E.3d 27 , ¶ 75 (4th Dist.). {¶37} Here there was no evidence that Melody was in imminent danger of death or great bodily harm.

12022–2022
State v. Robbins green
ohio · 1979
1 sentence

2006State v. Robbins (1979), 58 Ohio St.2d 74 , paragraph two of the syllabus.

12006–2006

Statutes the citing opinions construe

OH § Ohio Rev. Code § 2901.05 (7) OH § Ohio Rev. Code § 2903.11 (6) OH § Ohio Rev. Code § 2903.02 (4) OH § Ohio Rev. Code § 2903.03 (3) OH § Ohio Rev. Code § 2929.14 (3) OH § Ohio Rev. Code § 2941.145 (3) OH § Ohio Rev. Code § 2953.08 (3)

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.

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