State v. Long

Appellant contends that the trial court erred in instructing the jury that he bore the burden of proving the affirmative defense of self-defense by a preponderance of the evidence, this being in violation of B. C. 2901.05(A)1 and of the Fourteenth Amendment to the Constitution of the United States.

We agree that the trial court’s instruction was erroneous and not in conformity with E. C. 2901.05(A). See State v. Robinson (1976), 47 Ohio St. 2d 103, 351 N. E. 2d 88; State v. Humphries (1977), 51 Ohio St. 2d 95, 364 N. E. 2d 1354. However, the error was waivable under appropriate circumstances.

Th…