The Eighth District Court of Appeals vacated a conviction after finding fault with the trial court for not instructing the jury on the Castle Doctrine.

The Eighth District Court of Appeals vacated a conviction after finding fault with the trial court for not instructing the jury on the Castle Doctrine.

A Cuyahoga County man may have acted in self-defense under the “Castle Doctrine” after a knife fight resulted in the death of his ex-girlfriend, the Eighth District Court of Appeals ruled on August 16. Consequently, the appeals court vacated the man’s convictions for murder, felonious assault and tampering with evidence and remanded the case for a new trial.

Tracie Rodgers went to the home of Ronald Lewis on October 6, 2008 to visit her daughter of whom Lewis had permanent custody. An argument occurred the next morning, and Rodgers tried to stab Lewis with a knife. As Lewis twisted her arm behind her, they tripped over a chair and fell to the ground. Only later did they realize that Rodgers had been stabbed in the back. She was pronounced dead later that morning at the hospital. In 2011, Lewis was sentenced for her death.

Judge James J. Sweeney wrote the unanimous decision that found fault with the trial court for not instructing the jury on the Castle Doctrine as codified in Ohio Revised Code section 2901.09.

“The court never stated the general proposition of law that a person has no duty to retreat inside his or her home, which stems from the deep-rooted English maxim that ‘a man’s home is his castle,’” quoting from State v. Comer, 4th Dist. No. 10CA15, 2012-Ohio-2261.

“Under the Castle Doctrine, if the evidence showed that Rodgers was lawfully in defendant’s house, he would not have been given the benefit of a presumption of self-defense, but he still should have been given the opportunity to prove self-defense,” Judge Sweeney continued. “However, the jury in the instant case was not made aware that this was an option because it was not instructed that defendant had no duty to retreat under these circumstances.”

Judge Sweeney also cited an Ohio Supreme Court case (State v. Thomas, 77 Ohio St.3d 323, 327, 673 N.E.2d 1339).

“The Ohio Supreme Court has held that ‘one should not be required to retreat when attacked by a cohabitant in order to claim self-defense,’ expanding the Castle Doctrine to cases of domestic violence,” Judge Sweeney wrote.

In conclusion, Judge Sweeney wrote that “defendant did not receive a fair trial because the jury did not deliberate with a complete set of instructions.”

Judges Larry A. Jones and Mary Eileen Kilbane concurred opinion.

State v. Lewis, 2012-Ohio-3684
Opinion: http://sc.ohio.gov/rod/docs/pdf/8/2012/2012-ohio-3684.pdf
Criminal Appeal From: Cuyahoga County Common Pleas Court
Judgment Appealed From Is: Reversed, Vacated and Remanded
Date of Judgment Entry on Appeal: August 16, 2012

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