Martin v. Ohio (480 U.S. 228)
U.S. Supreme Court · decided February 25, 1987 · Supreme Court Database (Spaeth)
- Citation
- 480 U.S. 228 · 107 S. Ct. 1098
- Decided
- February 25, 1987
- Term
- October Term 1986
- Vote
- 5–4
- Majority author
- Justice White
- Issue area
- Due Process
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Justice White delivered the opinion of the Court. The Ohio Code provides that “[e]very person accused of an offense is presumed innocent until proven guilty beyond a reasonable doubt, and the burden of proof for all elements of the offense is upon the prosecution. The burden of going forward with the evidence of an affirmative defense, and the burden of proof by a preponderance of the evidence, for an affirmative defense, is upon the accused.” Ohio Rev. Code Ann. §2901.05(A)(1982). An affirmative defense is one involving “an excuse or justification peculiarly within the knowledge of the accused, on which he can fairly be required to adduce supporting evidence.” Ohio Rev. Code Ann. §2901.05(C)(2)(1982). The Ohio courts have “long determined that self-defense is an affirmative defense,” 21 Ohio St. 3d 91, 93, 488 N. E. 2d 166, 168 (1986), and that the defendant has the burden of proving it as required by § 2901.05(A). As defined by the trial court in its instructions in this case, the elements of self-defense that the defendant must prove are that (1) the defendant was not at fault in creating the situation giving rise to the argument; (2) the defendant had an honest belief that she was in imminent danger of death or great bodily harm, and that her only means of escape from such danger was in the use of such force; and (3) the defendant did not violate any duty to retreat or…
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