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STATE v. THOMAS

Nos. 95-1837 and 95-1938.

77 Ohio St.3d 323 (1997)

THE STATE OF OHIO, APPELLEE, v. THOMAS, APPELLANT.

Supreme Court of Ohio.

Decided January 22, 1997.

Attorney(s) appearing for the Case

William R. Biddlestone, Athens County Prosecuting Attorney, and Birgit Pederson, Assistant Prosecuting Attorney, for appellee.

Carol A. Wright; Jay Wamsley and J. Michael Westfall, Assistant Public Defenders, for appellant.

Sowash & Carson and Herman A. Carson, urging reversal for amici curiae, Ohio Association of Criminal Defense Lawyers, ACTION OHIO, Pace University Battered Women's Justice Center, Edna Brooks Foundation, Inc., Ohio Domestic Violence Network, and National Clearinghouse for the Defense of Battered Women.

ALICE ROBIE RESNICK, J.

This case presents issues involving the duty to retreat between cohabitants and jury instructions in trials in which the criminal defendant asserts the battered woman syndrome as support for the defense of self-defense.

I

We first consider whether there is a duty to retreat when one is attacked in one's own home by a cohabitant with an equal right to be in the home.

In Ohio, the affirmative defense of self-defense...

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