State v. Forrest

Court of Appeals of Ohio, Third Appellate District, Allen County · 2024 · Criminal Law

2024 Ohio 5861 (2024)

Updated August 1, 2026

Criminal Lawpremeditationmercy killingself-defensedefense of anothermanifest weight of the evidencemurderR.C. 2903.02(A)

Facts

Inside a bar, White suddenly opened fire, killing McGraw and Upshaw. Forrest, who had a .380 pistol, initially tried to shoot White inside the bar, but after White put his gun in his pocket and walked out, Forrest followed him outside with gun in hand, peered around a corner, and fired in White's direction before White returned fire. White died from multiple gunshot wounds caused by the .380, and surveillance footage showed Forrest pursuing White; afterward Forrest hid the gun in a bathroom trash can, denied knowledge of the shooting to police, and later denied involvement when interviewed.

Issue

Whether Forrest's murder conviction was against the manifest weight of the evidence because the jury lost its way in finding that the State disproved self-defense or defense of another beyond a reasonable doubt. More specifically, the question was whether the evidence permitted the jury to reject Forrest's claim that he shot White only to protect himself or another from imminent danger.

Rule

On manifest-weight review, the appellate court examines the whole record, weighs the evidence and reasonable inferences, considers witness credibility, and reverses only in the exceptional case where the factfinder clearly lost its way and created a manifest miscarriage of justice. In a deadly-force self-defense case, once evidence tending to support self-defense is presented, the State must disprove beyond a reasonable doubt at least one cumulative element of self-defense: that the defendant was not at fault in creating the affray, had a bona fide and reasonable belief of imminent danger of death or great bodily harm with deadly force as the only means of escape, and did not violate any duty to retreat or avoid the danger.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

At a nightclub in Columbus, Nolan Price watched Victor Ames fire several shots during a sudden fight inside the club. Victor then tucked the handgun into his jacket and hurried out a side exit; seconds later, Nolan followed him into the alley with his own pistol drawn and shot Victor before Victor turned back toward the club.

If Nolan is convicted of murder and argues on appeal that the jury's rejection of self-defense was against the manifest weight of the evidence, which is the strongest basis for affirmance?

Explanation. Under the majority opinion, once some evidence supports self-defense, the State must disprove at least one cumulative element beyond a reasonable doubt. A jury may reject self-defense where surveillance or other evidence permits a finding that the original aggressor withdrew, so the defendant lacked a reasonable belief of imminent danger or was at fault by continuing the confrontation. Pursuit after withdrawal strongly supports affirmance on manifest-weight review.