The Firing Line Forums - View Single Post - Today is D-Day For Ohio

Hal · April 12, 2002, 06:06 AM

HB274 is by far our best bet, IMNSHO. AND pushing HB274 through ASAP also. A "Vermont style" or a "no bill" bill would be too much like what Vermont has now,,,premption. What good is it if the State allows it but any and/or all cities can disallow it? As far as the Ohio Supreme Court goes,,,,forget it. Here's a glimps of what awaits in the SC:
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State v. Barnes (2002), 94 Ohio St.3d 21. Case Nos. 00-1595 and 00-1682. Decided January 9, 2002. Majority opinion written by Justice Deborah Cook.

Writing for the 5-to-2 majority, Justice Deborah Cook said, "It is undisputed that a defendant can introduce character evidence" under the first part of Rule 405. But, she said, the second part of the rule is "more narrowly drawn. Thus, the relevant inquiry in this case is whether a victim's character or character trait is an essential element of self-defense."

In order to establish self-defense, a defendant must prove three things: that he wasn't at fault in creating the situation that led to the altercation; that 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 in the use of force; and that he did not violate any duty to retreat or avoid the danger.

Notice how they still hang on to the *duty to retreat* doctrine which was struck down in Ohio something like 10-15 years ago(?) Call me Mr. doom and gloom if you want cause I see the OSC overturning the lower courts in this.

April 12, 2002, 06:06 AM	#20
Hal Senior Member Join Date: October 9, 1998 Location: Ohio USA Posts: 8,563	HB274 is by far our best bet, IMNSHO. AND pushing HB274 through ASAP also. A "Vermont style" or a "no bill" bill would be too much like what Vermont has now,,,premption. What good is it if the State allows it but any and/or all cities can disallow it? As far as the Ohio Supreme Court goes,,,,forget it. Here's a glimps of what awaits in the SC: ------------------------------- ------------------------------- State v. Barnes (2002), 94 Ohio St.3d 21. Case Nos. 00-1595 and 00-1682. Decided January 9, 2002. Majority opinion written by Justice Deborah Cook. Writing for the 5-to-2 majority, Justice Deborah Cook said, "It is undisputed that a defendant can introduce character evidence" under the first part of Rule 405. But, she said, the second part of the rule is "more narrowly drawn. Thus, the relevant inquiry in this case is whether a victim's character or character trait is an essential element of self-defense." In order to establish self-defense, a defendant must prove three things: that he wasn't at fault in creating the situation that led to the altercation; that 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 in the use of force; and that he did not violate any duty to retreat or avoid the danger. Notice how they still hang on to the duty to retreat doctrine which was struck down in Ohio something like 10-15 years ago(?) Call me Mr. doom and gloom if you want cause I see the OSC overturning the lower courts in this.