The Supreme Court of Ohio has determined that the state's "Stand Your Ground" law is applicable only to alleged crimes occurring after its enactment in April 2021. This ruling was delivered in a 5-2 decision, affirming an earlier Eighth District Court of Appeals verdict concerning the murder trials of Jaidee Miree and Desmond Duncan. The court found that the jury instructions on self-defense given during their June 2021 trials were appropriate, as they reflected the legal standards before the law changed.
Miree and Duncan, convicted for the 2019 murder of Ramses Hurley, were sentenced to 15 years to life. During their trial, it was argued that they should have been judged under the revised "Stand Your Ground" provisions which reduced obligations to retreat before using deadly force in self-defense. However, Justice Michael P. Donnelly stated that the trial court correctly applied the pre-2021 self-defense laws.
The law prior to April 2021 required no duty to retreat only when a person was inside their residence or vehicle. The updated statute expanded this provision, allowing no duty to retreat if one was lawfully present anywhere they had a right to be. Additionally, a new section prohibited considering retreat possibilities when determining reasonable belief in necessary force for self-defense.
Justice Melody Stewart dissented, suggesting that the new provisions should apply since Miree and Duncan's trial occurred after these changes took effect. She emphasized that while instructions on avoiding deadly force were consistent with 2019 standards, jurors should have been informed about not considering retreat possibilities under the new law.
Justices R. Patrick DeWine, Jennifer Brunner, Joseph T. Deters concurred with Justice Donnelly's opinion, while Justice Patrick F. Fischer supported Justice Stewart's dissenting view.
This case is recorded as State v. Miree (Slip Opinion No. 2024-Ohio-5714), with oral arguments accessible online.