Ohio General Assembly Overrides Gov. Kasich's Veto of H.B. 228

In a historic action, the Ohio General Assembly has overridden Governor Kasich's ill-advised veto of H.B. 228. The House override was on a 67 to 22 vote. The Ohio Senate override was on a 21 to 11 vote. Even though John Kasich used all his political power and even used political gamesmanship, he could not stop the legislature from doing the their job, and executing the will of the Ohio people.

The Problems of Ohio’s Current Laws on Burden Shifting in Self-Defense Cases

Under Ohio Revised Code Section 2901.05, a defendant is required to prove all elements of self-defense by a preponderance of the evidence. Recent case law and the development of the status of self-defense strongly suggest that shifting the burden to a defendant in this manner is unconstitutional. Ohio’s burden shifting rule effectively changes the standard of proof necessary for the government to secure a conviction in self-defense cases. Furthermore, Ohio’s current rule severely curtails, if not eliminates, the protections provided by the Fifth Amendment. Ohio Senate Bill No. 180 and House Bill No. 228 provide the necessary changes to ensure those accused of a crime in Ohio receive a fair and just trial. Where there is evidence presented that tends to show a defendant acted in self-defense, these Bills would place the burden back on the prosecution, where it rightly belongs, by requiring the prosecution to disprove at least one element of Ohio’s version of self-defense, beyond a reasonable doubt.