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When Do Self-Defense Claims No Longer Require Duty to Retreat?
State of Ohio v. Darnelle Hurt, Case No. 2022-1037
Eighth District Court of Appeals (Cuyahoga County)
ISSUES:
- Does the 2021 state law eliminating the duty to retreat when claiming self-defense apply to all trials held after the law's effective date, regardless of when the alleged offense occurs?
- Does a claim of acting in self-defense apply to alleged offenses against bystanders?
- When a retrial is ordered, must the defendant again prove the mitigating factors found by a jury in the first trial?
State of Ohio v. Darnelle Hurt, Case No. 2022-1037
Eighth District Court of Appeals (Cuyahoga County)
ISSUES:
- Does the 2021 state law eliminating the duty to retreat when claiming self-defense apply to all trials held after the law's effective date, regardless of when the alleged offense occurs?
- Does a claim of acting in self-defense apply to alleged offenses against bystanders?
- When a retrial is ordered, must the defendant again prove the mitigating factors found by a jury in the first trial?
June 27, 2023