Great news, finally.
This is a discussion on Ohio castle doctrine within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Buckeye Firearms Association Ohio Supreme Court declines to hear Castle Doctrine appeal; Man who acted in self-defense is free -http://www.buckeyefirearms.org/node/8206...
Buckeye Firearms Association
Ohio Supreme Court declines to hear Castle Doctrine appeal; Man who acted in self-defense is free -http://www.buckeyefirearms.org/node/8206
"Be not ye afraid of them: remember the LORD, which is great and terrible, and fight for your brethren, your sons, and your daughters, your wives, and your houses." Nehemiah 4:14
Well, seems like the courts finally got it right! In my opinion, he should never have been "persecuted" by an over zealous prosecutor trying to make a bigger name for himself in that hotbed of liberalism Cuyahoga county anyway!!
Live to ride, ride to live. Harley Road King And keep a .45 handy Kimber Custom TLE II
Well, the article's writing could have been better; initially sounds like the defendant's appeal was rejected.
Good news for self defense. What part of "a crackhead breaking into a home and beating someone senceless" does the prosecutor not get? In FL the law states the homeowner is "presumed" to be in fear of life in home breakins.
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My only question is what was Coleman's girlfriend doing in Kozlosky's house? If she was there for a drug purchase when Coleman freaked out and went off on her, I can see where a self defense plea is questionable. If your in the process of committing a crime, you forfeit a plea of self defense. I'd have to see the transcript of the trial to see if Mr Kozlosky was truely an innocent bystander in this case.
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Badly written article. I actually read the court of appeals decision when it was published this week. What happened was, the guy was convicted of murder at the trial court level. Blame the jurors and judge for that one. On appeal they did find in his favor but the case gets remanded to the trial court where he can be prosecuted again but the trial court must follow the holdings of the appellate court regarding issues of manifest weight of the evidence and so forth. Who knows what will happen if they do in fact try him again. It should be noted the court of appeals stated that it would have liked to exonerate him but cannot as the reviewing court. The supreme court simply declined to hear the the prosecutors appeal of his "loss" at the court of appeals most likely because 1) it doesn't involve an issue related to the Ohio state constitution and 2) it's not clarifying inconsistent rulings at the appellate court. Instead, this was a sound decision by the appellate court based on clear law that didn't need to be reviewed further. I'll be interested to see if the charges are dropped or if he's tried again.