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State v. Ellis

Court: Ohio Court of Appeals
Date filed: 2023-12-21
Citations: 2023 Ohio 4692
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[Cite as State v. Ellis, 2023-Ohio-4692.]


                                            COURT OF APPEALS
                                          MORGAN COUNTY, OHIO
                                        FIFTH APPELLATE DISTRICT


    STATE OF OHIO                                   :   JUDGES:
                                                    :
                                                    :   Hon. William B. Hoffman, P.J.
           Plaintiff-Appellee                       :   Hon. John W. Wise, J.
                                                    :   Hon. Patricia A. Delaney, J.
    -vs-                                            :
                                                    :   Case No. 23AP0005
                                                    :
    ROY ELLIS                                       :
                                                    :
                                                    :
           Defendant-Appellant                      :   OPINION


  CHARACTER OF PROCEEDING:                              Appeal from the Morgan County Court,
                                                        Case No. 22-CRB-107



  JUDGMENT:                                             AFFIRMED




  DATE OF JUDGMENT ENTRY:                               December 21, 2023




  APPEARANCES:


    For Plaintiff-Appellee:                             For Defendant-Appellant:

    MARK J. HOWDYSHELL                                  RICHARD D. HIXSON
    MORGAN COUNTY PROSECUTOR                            3808 James Court, Suite 2
    19 E. Main St.                                      Zanesville, OH 43701
    McConnelsville, OH 43756
[Cite as State v. Ellis, 2023-Ohio-4692.]


 Delaney, J.

           {¶1} Defendant-Appellant Roy Ellis appeals his February 13, 2023 conviction

 and sentence by the Morgan County Court. Plaintiff-Appellee is the State of Ohio, but it

 did not file an appellee’s brief.

                                 FACTS AND PROCEDURAL HISTORY

                                                    Arrest

           {¶2} On August 19, 2022, Defendant-Appellant Roy Ellis was arrested on a

 charge of domestic violence, a first-degree misdemeanor in violation of R.C.

 2919.25(A)(1). Ellis was accused of striking and causing injuries to his 16-year-old

 stepdaughter, O.M. Ellis entered a plea of not guilty to the charge and was appointed

 counsel.

                                            Pre-Trial Proceedings

           {¶3} Counsel for Ellis filed a Suggestion of Incompetence on August 24, 2022.

 Counsel was concerned that due to Ellis’s mental state, he was incapable of

 understanding the nature and objective of the proceedings against him or assisting in his

 defense. On September 12, 2022, the trial court ordered Ellis to undergo an evaluation of

 his mental condition pursuant to R.C. 2945.371(A). Via judgment entry filed January 9,

 2023, it appears the parties stipulated to the forensic report and a jury trial would

 proceed.1

           {¶4} The matter was scheduled for a jury trial to start on January 24, 2023. Ellis

 filed a motion to continue the jury trial for the State to provide supplemental discovery on




 1
     The January 9, 2023 judgment entry is handwritten. The handwriting is challenging to read.
[Cite as State v. Ellis, 2023-Ohio-4692.]


 the issue of corporal punishment and/or self-defense. The jury trial was continued to

 February 13, 2023.

           {¶5}    On January 30, 2023, Ellis filed a notice of self-defense pursuant to Crim.R

 12.2. He stated that he intended to proceed on evidence contained within the discovery

 response provided by the State on August 22, 2022, and not prior instances or

 occurrences of bad behavior. He requested the trial court include the affirmative defense

 of self-defense in the jury instructions. Ellis also filed a disclosure of supplemental

 discovery where Ellis listed three Behavioral Detail Reports concerning O.M., the alleged

 victim.

           {¶6} On February 1, 2023, the State filed a Motion in Limine requesting the trial

 court exclude the three Behavioral Detail Reports concerning O.M. The Behavioral Detail

 Reports from December 10, 2018, November 12, 2020, and May 13, 2021 were reports

 regarding O.M.’s behavior at school. The State contended the Behavioral Detail Reports

 were not relevant pursuant to Evid.R. 401 or in the alternative, should be excluded under

 Evid.R. 403(A). The State argued Ellis provided it with the reports on January 27, 2023,

 17 days before trial, while the State made its discovery request on August 22, 2022.

 Further, the alleged bad acts of the victim were being used to bolster Ellis’s self-defense

 claims but the documents regarding O.M.’s behavior at school did not show how Ellis

 would believe he was in imminent danger of great bodily harm.

           {¶7} Ellis responded to the motion in limine. He first argued the delay in disclosing

 the supplemental discovery was due to Ellis being prohibited from entering his home

 where the records were located. Counsel further alleged the State engaged in similar

 delayed discovery in a different, unrelated criminal case.
[Cite as State v. Ellis, 2023-Ohio-4692.]


                                             Jury Trial

          {¶8} The jury trial went forward on February 13, 2023. During voir dire, the

 following occurred:

          MS. SPENCER [defense trial counsel]: No? Okay. All right. So I want to talk to you

          guys – I want to talk to you guys about the presumption of innocence. So as Mr.

          Ellis is sitting here right now, he is not guilty. It’s innocence until proven guilty. So

          is there anyone here right now – and I know it’s a little awkward because he’s

          dressed in orange and he’s cuffed. Is there anyone here right now that does not

          agree with me that he is innocent sitting here right now?

          (NO AUDIBLE RESPONSES.)

 (T. 23). After the jury was selected, the trial court took a fifteen-minute recess. (T. 48). It

 went off the record. When it went back on the record, the jury was seated, and the parties

 commenced with their opening arguments. (T. 49).

          {¶9} The first witness to testify was Deputy Bryan Johnson with the Morgan

 County Sheriff’s Office. He had been in law enforcement since 2006 and with the Morgan

 County Sheriff’s Office since April 2022. He was dispatched to an apartment located at

 North State Route 376 in McConnelsville, Ohio based on a call from V.D. who resided in

 a neighboring apartment. When he arrived, Deputy Johnson made contact with Ellis who

 came out of the apartment claiming he had medical issues. The State asked Deputy

 Johnson to identify the man who came out of the apartment:

          Q. Okay. And just so we’re clear, did you identify who the man was at the

          scene when you arrived?

          A. Yes. It was this gentleman here.
[Cite as State v. Ellis, 2023-Ohio-4692.]


          Q. Okay. And do you – did you identify him as Roy Ellis?

          A. I did.

 (T. 57).

          {¶10} Deputy Johnson called EMS to assess Ellis. Ellis had a laceration over his

 left eye, circular laceration on the left side of his mouth, a scratch on the bottom of his

 mouth, scratch on his left arm, and a small laceration on the right hand near his last

 knuckle. When Deputy Johnson first arrived on the scene, Ellis was upset and claimed he

 was stabbed in the face. Ellis then stated he was stabbed with a knife. Deputy Johnson

 looked for a knife but did not find one on the scene. After examining Ellis, EMS advised

 Deputy Johnson that Ellis’s injuries were due to fingernails and scratching versus a bladed

 instrument. Deputy Johnson took photographs of Ellis’s injuries, which were presented to

 the jury and admitted into evidence. Deputy Johnson testified that with his training and

 knowledge, he believed that Ellis’s injuries were not defensive wounds, but self-defensive

 wounds caused by the victim.

          {¶11} Deputy Johnson then went into the apartment to speak with O.M. He

 observed that O.M. had a bruising and swelling around her left eye, scratches around her

 neck, minor scratches on her arms and legs, and her hands were a little bit red.

 Photographs of O.M.’s injuries were taken, presented to the jury, and admitted into

 evidence. It was apparent to Deputy Johnson that the incident between O.M. and Ellis

 took place in the kitchen and living room. He took a photograph of the kitchen table, where

 there were objects on the table and the chairs around the table were standing upright.

          {¶12} O.M. told Deputy Johnson that Ellis caused her injuries when Ellis attacked

 her from behind. He shoved her into the TV in the living room, which Deputy Johnson
[Cite as State v. Ellis, 2023-Ohio-4692.]


 found destroyed and laying on the floor. He took a photograph of the TV, which was

 presented to the jury and admitted into evidence. O.M. appeared to Deputy Johnson to

 be distraught and scared. She told Deputy Johnson that she thought Ellis was trying to

 kill her.

          {¶13} Ellis told Deputy Johnson that O.M. attacked him by jumping off the table

 and assaulting him after words were exchanged. He told Deputy Johnson that he put up

 his hands to defend himself from O.M. He denied hitting O.M.

          {¶14} At the time of the incident, O.M. was 16 years old, 6 foot 2 inches tall, and

 weighed approximately 200 pounds. Ellis was 44 years old, 6 foot 4 inches tall, and

 weighed approximately 240 pounds.

          {¶15} Based on the scene and the parties’ statements, Deputy Johnson

 determined Ellis was the aggressor and placed him under arrest for domestic violence.

          {¶16} Ellis’s neighbor, V.D., testified next. She identified Ellis by pointing to where

 he was sitting but did not provide a description of what Ellis was wearing. (T. 81).

          {¶17} V.D. testified that she lived in the apartment directly next door to the

 apartment where Ellis resided with his wife (O.M.’s mother) and O.M. On August 18, 2022,

 V.D. heard a slam come from Ellis’s side of the apartment. Then she heard O.M.

 screaming, “get off me, quit hitting me, quit hitting me.” (T. 82). “I heard Roy calling her

 all sorts of names, saying that he was going to beat her ass and all sorts of threats. And

 then it sounded like somebody either fell down the steps or got thrown down the steps.”

 (T. 82-83). V.D. called the police and waited outside for them to arrive.

          {¶18} O.M. then testified. O.M. said on August 18, 2022, she heard Ellis speak to

 her mother on the phone and she thought she heard Ellis call her mother, “bitch.” O.M.
[Cite as State v. Ellis, 2023-Ohio-4692.]


 got mad, which led to a verbal argument between her and Ellis. O.M. was sitting on the

 couch at the time of the verbal argument. After the verbal argument, O.M. said that she

 flew into the TV and then Ellis attacked her in the living room. She told Ellis to stop. He

 hit her multiple times in the face with his closed fist. He put his hands on the top of her

 head, which felt like he was going to break her neck because it was being pressed

 downwards. She tried to claw him off her multiple times, including scratching his face.

 She was checked out by EMS and did not have any follow-up medical treatment.

          {¶19} During her cross examination, counsel asked if O.M. had ever been in fights

 before. O.M. answered, yes. (T. 101). Counsel next asked whether she had gotten in

 fights at school, which caused the State to object. (T. 101). The trial court called a recess

 and discussed the objection with the parties. The State argued the question of whether

 O.M. had been in fights before was not relevant to Ellis’s state of mind at the time the

 offense happened. It maintained the evidence held no relevance to Ellis’s belief that he

 was in imminent danger of bodily harm because O.M. had been in prior fights at school.

 The trial court sustained the objection. (T. 103). Counsel for Ellis did not proffer the

 Behavioral Detail Reports on the record. Counsel for Ellis proceeded with O.M.’s cross

 examination, asking:

          Q. [O.M.], the last – last statement you testified to is that you’ve been in

          fights before. Correct?

          A. Um-huh.

          Q. Okay. And why were you in fights before?

          A. Be more specific.
[Cite as State v. Ellis, 2023-Ohio-4692.]


          THE COURT: Well, you have a question there. Maybe you don’t know. Why

          were you in a fight before? If you can answer that.

          A. Over petty stuff.

          Q. Okay. So can you give me an example?

          A. Well, it’s mostly the neighbors but that’s it.

          Q. Which –

          A. It’s mostly just verbal arguments. Nothing really serious.

          Q. Have you been in a physical fight before?

          A. Just one.

          Q. Just one?

          A. Yeah.

          Q. What kind of fight was it?

          A. What do you mean?

          Q. What happened during the fight?

          A. I don’t really remember.

          Q. So you were in a physical fight with somebody that you – that you don’t

          remember?

          A. No, because it happened like my freshman year of high school.

          THE COURT: Okay. You’re stuck with that answer.

 (T. 103-105).

          {¶20} The State rested after O.M.’s testimony and the defense also rested. The

 parties moved to closing arguments after which the trial court instructed the jury. The trial

 court included a self-defense instruction.
[Cite as State v. Ellis, 2023-Ohio-4692.]


          {¶21} The jury returned its verdict where it found Ellis guilty of domestic violence

 in violation of R.C. 2919.25(A).

                                                Sentencing

          {¶22} The trial court moved directly to sentencing, where it imposed a sentence

 of 180 days in jail with 104 days suspended and 76 days credit for jail time served. The

 trial court ordered one year of probation and a no-contact order. The sentencing entry

 was journalized on February 13, 2023.

                                            Motion for New Trial

          {¶23} On February 14, 2023, Ellis filed a Motion for New Trial. In his motion, he

 stated that, “[d]uring the jury trial Defendant was clothed in jail clothing and remained

 shackled in the presence of the jury.” Ellis believed this was a violation of his due process

 rights and cited supporting case law. His motion for new trial did not specify if the trial

 court required Ellis to wear jail clothing, if Ellis wore jail clothing for the entirety of the trial,

 if the trial court required Ellis to be shackled, or if Ellis was shackled for the entirety of the

 jury trial.

                                       Intervening Notice of Appeal

          {¶24} On February 22, 2023, Ellis filed a Notice of Appeal of the February 13,

 2023 sentencing entry.

          {¶25} When Ellis filed his notice of appeal, neither Ellis nor the State filed a notice

 with this Court that a motion for new trial pursuant to Crim.R. 33 was pending before the

 trial court.
[Cite as State v. Ellis, 2023-Ohio-4692.]


                         Trial Court Proceeds on the Motion for New Trial

          {¶26} The trial court docket states it set a hearing on Ellis’s Motion for New Trial

 on March 8, 2023 at 1:00 p.m. Ellis did not submit a transcript of the hearing with the

 appellate record.

          {¶27} On March 10, 2023, the State filed a memorandum contra to the motion for

 new trial. The State first argued that in order to prevail on a motion for a new trial for his

 clothing, Ellis must show he was compelled to stand before a jury dressed in identifiable

 jail clothing and was prejudiced by the compulsion. It stated,

          Here, Mr. Ellis had ample time and opportunity to secure civilian clothing for

          his trial. Despite the face [sic] Mr. Ellis was incarcerated, he could have

          made arrangements with a family member or a friend to bring him clothing.

          Mr. Ellis had over a month to secure clothing for his trial.

 (Memorandum Contra Defendant’s Motion for New Trial, March 10, 2023). As to the

 whether Ellis was shackled during the trial, the State said, “Here, Mr. Ellis was not

 shackled during the course of his trial. If the jury inadvertently observed Mr. Ellis in the

 hallway in handcuffs, then the burden shifts to Defendant to demonstrate actual

 prejudice.” (Memorandum Contra Defendant’s Motion for New Trial, March 10, 2023).

          {¶28} On March 13, 2023, the trial court denied the motion for new trial. Ellis did

 not separately appeal the March 13, 2023 judgment entry.

                                        ASSIGNMENTS OF ERROR

          {¶29} Ellis raises three Assignments of Error:

          I.     THE         TRIAL          COURT   ERRED     WHEN       IT    DENIED

          DEFENDANT/APPELLANT’S MOTION FOR NEW TRIAL, AS HIS
[Cite as State v. Ellis, 2023-Ohio-4692.]


          PRESENCE IN JAIL CLOTHES AND SHACKLES DURING THE JURY

          TRIAL WAS A PREJUDICIAL VIOLATION OF HIS DUE PROCESS

          RIGHTS.

          II. THE TRIAL COURT PREJUDICIALLY ERRED WHEN SUSTAINING

          APPELLEE’S OBJECTION REGARDING THE VICTIM’S PRIOR VIOLENT

          BEHAVIOR, AS SUCH EVIDENCE IS RELEVANT AND ADMISSIBLE.

          III. THE JURY’S FINDING THAT DEFENDANT/APPELLANT DID NOT

          ACT IN SELF-DEFENSE WAS NOT SUPPORTED BY SUFFICIENT

          EVIDENCE AND WAS AGAINST THE MANIFEST WEIGHT OF THE

          EVIDENCE.

                                            ANALYSIS

                                                 I.

          {¶30} Ellis contends in his first Assignment of Error that the trial court erred when

 it denied his motion for new trial. Based on the procedural history of this case, we find we

 are without jurisdiction to consider the trial court’s March 13, 2023 judgment entry.

          {¶31} It is well-settled that when an appeal is taken from a trial court's judgment,

 the trial court is divested of jurisdiction, except to act in aid of that appeal. State v. Yeager,

 11th Dist. Lake No. 2022-L-048, 2023-Ohio-2730, ¶ 7 citing State ex rel. Special

 Prosecutors v. Judges, Court of Common Pleas, 55 Ohio St.2d 94, 97, 378 N.E.2d 162

 (1979). Once “a case has been appealed, the trial court retains all jurisdiction not

 inconsistent with the reviewing court's jurisdiction to reverse, modify, or affirm the

 judgment.” Id. quoting State ex rel. Newton v. Court of Claims, 73 Ohio St.3d 553, 558,

 653 N.E.2d 366 (1995) citing Yee v. Erie Cty. Sheriff's Dept., 51 Ohio St.3d 43, 44, 553
[Cite as State v. Ellis, 2023-Ohio-4692.]


 N.E.2d 1354, 1355 (1990). A motion for a new trial is inconsistent with a notice of appeal

 of the judgment sought to be retried. State v. Shuster, 5th Dist. Morgan No. 13AP0001,

 2014-Ohio-3486, 2014 WL 3936283, ¶¶ 57-58 citing Powell v. Turner, 16 Ohio App.3d

 404, 405, 476 N.E.2d 368 (11th Dist.1984), citing Majnaric v. Majnaric, 46 Ohio App.2d

 157, 347 N.E.2d 552 (9th Dist.1975), paragraph one of the syllabus. Therefore, a

 defendant's filing of a notice of appeal divests the trial court of jurisdiction to consider a

 motion for a new trial. State v. Kenney, 8th Dist. Cuyahoga No. 81752, 2003–Ohio–2046,

 ¶ 58, appeal not allowed, 99 Ohio St.3d 1546, 2003–Ohio–4671, 795 N.E.2d 684. “The

 basis for this conclusion is patent; namely, after a defendant has filed a notice of appeal

 from a criminal conviction, the possibility that the defendant's motion might be granted

 would fundamentally interfere with the appellate court's jurisdiction to reverse, modify, or

 affirm the appealed conviction.” State v. Yeager, 2023-Ohio-2730, ¶ 8.

          {¶32} Under the Ohio Rules of Appellate Procedure, there are procedures to

 address the jurisdictional issues of a timely filed post-judgment motion for new trial and a

 notice of appeal. App.R. 4(B)(3) speaks directly to the time for appealing a decision on a

 timely filed post-judgment motion for a new trial in a criminal case. State v. Struckman,

 1st Dist. Hamilton No. C-200069, 2021-Ohio-1043, ¶ 9. Under App.R. 4(B)(3), when a

 criminal defendant moves for a new trial for a reason other than newly discovered

 evidence pursuant to Crim.R. 33(A), and that motion is filed within the time provided under

 Crim.R. 33(B) for filing a motion for a new trial on grounds other than newly discovered

 evidence, the time for appealing the judgment of conviction is tolled until the motion for

 new trial motion is decided. The decision of the motion for new trial is then reviewable in

 the direct appeal. Id. However, if the criminal defendant files notice of appeal from an
[Cite as State v. Ellis, 2023-Ohio-4692.]


 otherwise final judgment but before the trial court has resolved the pending motion for

 new trial for a reason other than newly discovered evidence, “then the court of appeals,

 upon suggestion of any of the parties, shall remand the matter to the trial court to resolve

 the motion in question and shall stay appellate proceedings until the trial court has done

 so.” (Emphasis added.) After the trial court has ruled on the post-judgment filings on

 remand, the criminal defendant may move to amend their previously filed notice of appeal

 or file a new notice of appeal, which would be consolidated with the original appeal.

 App.R. 4(B)(3).

          {¶33} The trial court entered Ellis’s conviction and sentence on February 13, 2023.

 On February 14, 2023, Ellis filed his motion for new trial based on an alleged violation of

 Crim.R. 33(A)(1). Crim.R. 33(A)(1) states:

          (A) Grounds. A new trial may be granted on motion of the defendant for any

          of the following causes affecting materially the defendant's substantial

          rights:

          (1) Irregularity in the proceedings, or in any order or ruling of the court, or

          abuse of discretion by the court, because of which the defendant was

          prevented from having a fair trial; * * *

          {¶34} On February 22, 2023, Ellis filed his notice of appeal of his conviction and

 sentence. Our review of the trial court and appellate records shows Ellis did not file a

 suggestion with this Court that the motion for new trial remained pending with the trial

 court and this Court should remand the matter to the trial court to resolve the motion in

 question. The trial court denied Ellis’s motion for new trial on March 13, 2023. In his first

 Assignment of Error, Ellis argues the trial court erred in denying his motion for new trial.
[Cite as State v. Ellis, 2023-Ohio-4692.]


 Based on this procedural history, the application of the Rules of Appellate Procedure, and

 Ellis’s argument on appeal, we are without jurisdiction to review the March 13, 2023

 judgment entry.

          {¶35} The trial court's March 13, 2023 ruling on the motion for new trial is void for

 lack of jurisdiction. Ellis’s first Assignment of Error is dismissed.

                                                II.

          {¶36} In his second Assignment of Error, Ellis contends the trial court abused its

 discretion when it sustained the State’s objection to evidence of O.M.’s prior alleged

 violent behavior. We disagree.

          {¶37} “Ordinarily, a trial court is vested with broad discretion in determining the

 admissibility of evidence in any particular case, so long as such discretion is exercised in

 line with the rules of procedure and evidence.” State v. Romy, 5th Dist., 2021-Ohio-501,

 168 N.E.3d 86, ¶ 49 citing Rigby v. Lake County, 58 Ohio St.3d 269, 271, 569 N.E.2d

 1056 (1991). The appellate court must limit its review of the trial court's admission or

 exclusion of evidence to whether the trial court abused its discretion. Id. The abuse of

 discretion standard is more than an error of judgment; it implies the court ruled arbitrarily,

 unreasonably, or unconscionably. Blakemore v. Blakemore, 5 Ohio St.3d 217, 450 N.E.2d

 1140 (1983).

          {¶38} In his appellate brief, Ellis states it is uncontroverted that he knowingly

 caused physical harm to a family or household member; however, he claimed he acted

 in self-defense. Under Ohio law, a person is permitted to act in self-defense, and self-

 defense is an affirmative defense. R.C. 2901.05(B)(1). To establish self-defense in the

 use of non-deadly force, the accused must show that: (1) he was not at fault in creating
[Cite as State v. Ellis, 2023-Ohio-4692.]


 the situation giving rise the altercation and (2) that he had reasonable grounds to believe

 and an honest belief, even though mistaken, that he was in imminent danger of bodily

 harm and his only means to protect himself from such danger was by the use of force not

 likely to cause the death or great bodily harm. State v. Staats, 5th Dist. Stark No.

 2019CA00181, 2021-Ohio-1325, 2021 WL 1502535, ¶ 25 citing State v. Galloway, 2016-

 Ohio-7767, 74 N.E.3d 754, ¶ 26 (5th Dist.), citing State v. Batrez, 5th Dist. Richland No.

 2007-CA-75, 2008-Ohio-3117, 2008 WL 2587610.

          {¶39} Thus, if evidence is presented at trial that tends to support that a defendant

 used nondeadly force in self-defense, the State must prove beyond a reasonable doubt

 that the defendant did not use that force in self-defense. Staats, supra at ¶ 28 citing State

 v. Jacinto, 8th Dist. No. 108944, 2020-Ohio-3722, 155 N.E.3d 1056, ¶ 46. In other words,

 the State must disprove at least one of the elements of the use of nondeadly force in self-

 defense beyond a reasonable doubt, i.e., the State must prove that (1) the defendant was

 at fault in creating the situation giving rise to the affray in which the force was used or (2)

 the defendant did not have reasonable grounds to believe or an honest belief that he or

 she was in imminent danger of bodily harm or (3) the defendant used more force than

 was reasonably necessary to defend against the imminent danger of bodily harm. Id.,

 citing State v. Carney, 10th Dist. Franklin No. 19AP-402, 2020-Ohio-2691, ¶ 31; State v.

 Nestingen, 5th Dist. Richland No. 2019 CA 110, 2020-Ohio-2965, ¶ 17.

          {¶40} In general, all relevant evidence is admissible. State v. Behrle, 4th Dist.

 Adams No. 20CA1110, 2021-Ohio-1386, 2021 WL 1550501, ¶ 17 citing State v. Clay, 4th

 Dist. Lawrence No. 11CA23, 2013-Ohio-4649, at ¶ 34. See Evid.R. 402. Evid.R. 401

 defines relevant evidence as “evidence having any tendency to make the existence of
[Cite as State v. Ellis, 2023-Ohio-4692.]


 any fact that is of consequence to the determination of the action more probable or less

 probable than it would be without the evidence.” The trial court must deem relevant

 evidence inadmissible, however, if the introduction of the evidence violates the United

 States or the Ohio Constitutions, an Ohio statute, the Ohio Rules of Evidence, or “other

 rules prescribed by the Supreme Court of Ohio.” Evid.R. 402. Additionally, relevant

 “evidence is not admissible if its probative value is substantially outweighed by the danger

 of unfair prejudice, of confusion of the issues, or of misleading the jury.” Evid.R. 403(A).

          {¶41} Evid.R. 404, which governs the admission of character evidence, provides:

          (A) Character evidence generally. Evidence of a person's character or a trait

          of character is not admissible for the purpose of proving action in conformity

          therewith on a particular occasion, subject to the following exceptions: * * *

          (B) Character of victim. Evidence of a pertinent trait of character of the victim

          of the crime offered by an accused, or by the prosecution to rebut the same,

          or evidence of a character trait of peacefulness of the victim offered by the

          prosecution in a homicide case to rebut evidence that the victim was the

          first aggressor is admissible; however, in prosecutions for rape, gross

          sexual imposition, and prostitution, the exceptions provided by statute

          enacted by the General Assembly are applicable.

          {¶42} Evid.R. 405 governs methods of proving character and provides:

          (A) Reputation or opinion

          In all cases in which evidence of character or a trait of character of a person

          is admissible, proof may be made by testimony as to reputation or by
[Cite as State v. Ellis, 2023-Ohio-4692.]


          testimony in the form of an opinion. On cross-examination, inquiry is

          allowable into relevant specific instances of conduct.

          (B) Specific instances of conduct

          In cases in which character or a trait of character of a person is an essential

          element of a charge, claim, or defense, proof may also be made of specific

          instances of his conduct. Thus, Evid.R. 404(A) generally limits evidence of

          a person's character, or certain character traits, subject to certain

          exceptions. Accordingly, Evid.R. 404(A)(2) permits evidence of “a pertinent

          trait of character of the victim * * *.”

          {¶43} In this case, Ellis contends the trial court erred in excluding evidence of the

 three Behavioral Detail Reports concerning O.M. He states that evidence was relevant to

 the issue of whether he had reasonable grounds to believe and an honest belief, even

 though mistaken, that he was in imminent danger of bodily harm and his only means to

 protect himself from such danger was by the use of force not likely to cause the death or

 great bodily harm. The issue is what Ellis knew about O.M. at the time of the incident.

 State v. Behrle, 2021-Ohio-1386, ¶ 20 citing State v. Steinhauer, 4th Dist. Scioto No.

 12CA3528, 2014-Ohio-1981, ¶ 29; State v. Busby, 10th Dist. Franklin No. 98AP-1050,

 1999 WL 710353, *5 (Sept. 14, 1999). “[E]vidence of other acts must be temporally and

 circumstantially connected to the facts of the offense alleged. State v. Burson, 38 Ohio

 St.2d 157, 311 N.E.2d 526 (1974).” Behrle, supra at ¶ 29 quoting State v. Cooperider, 3rd

 Dist. Marion No. 9-03-11, 2003-Ohio-5133, ¶ 16. Before a trial court can admit these types

 of statements offered to show the defendant's state of mind, the trial court must balance
[Cite as State v. Ellis, 2023-Ohio-4692.]


 the probative versus prejudicial effects the evidence will have on the jury under Evid.R.

 403.

          {¶44} In State v. Behrle, 4th Dist. Adams No. 20CA1110, 2021-Ohio-1386, 2021

 WL 1550501, the Fourth District Court of Appeals composed a well-examined analysis of

 the evidentiary issue raised by Ellis under a similar factual scenario. In Behrle, the

 appellant and former wife had known each other for over 30 years and remained in

 contact. The former wife had a boyfriend of over four years. In June 2019, the appellant

 stopped by the former wife’s farm where the former wife and her boyfriend were working

 in the barn. The appellant was shocked to see her boyfriend because the former wife had

 previously advised the appellant that her boyfriend had become violent with her and had

 “beat the hell out of her.” Id. at ¶ 3-5. The appellant left the farm but decided to return to

 the farm. The appellant confronted the former wife about money she allegedly owed him,

 yelling and using racially offensive language. Her boyfriend came outside and

 approached the appellant with clenched fists. The appellant was inside his vehicle and

 because of the way he had parked, he was unable to leave. He chose to take a jack

 handle under the seat and “stand his ground.” The boyfriend grabbed the appellant’s shirt.

 The appellant struck the boyfriend three times with the metal pipe, causing obvious injury.

 Id. at ¶ 6-7.

          {¶45} The appellant was charged with felonious assault. At trial, the appellant

 claimed self-defense. The appellant attempted to present evidence of the boyfriend’s

 alleged prior violence towards the former wife to demonstrate he had reasonable grounds

 to believe and an honest belief, even though mistaken, that he was in imminent danger

 of bodily harm and his only means to protect himself from such danger was by the use of
[Cite as State v. Ellis, 2023-Ohio-4692.]


 force not likely to cause the death or great bodily harm. When the trial court denied the

 admission of the evidence, the appellant proffered that the former wife told the appellant

 on multiple occasions that her boyfriend beat her and that she had him arrested in Florida

 for beating her. Id. at ¶ 14.

          {¶46} The Fourth District analyzed the issue and found the trial court did not abuse

 its discretion to deny the admission of the evidence:

          In Cooperider, supra, [3rd Dist. Marion No. 9-03-11, 2003-Ohio-5113] the

          appellate court found that the victim's past violent acts occurring four years

          before the incident in issue in Cooperider's case were too distant in time

          and unrelated, and as such, they were properly excluded. In State v. Ryan,

          2018-Ohio-2600, 115 N.E.3d 659 (11th Dist.), the appellate court found that

          the defendant's proffer lacked specificity, failed to detail the dates of the

          alleged prior violent acts, and failed to provide the number of prior violent

          acts. The Ryan court observed: “Absent a more detailed proffer, we are

          unable to determine whether these additional prior acts of violence by [the

          victim] were relevant in assessing appellant's state of mind and whether

          they were sufficient to support a finding that he had a bona fide belief that

          he was in imminent danger of death or serious bodily harm at the time of

          the shooting.” Id., at ¶ 106.

          Based upon our review of the above law and the trial transcript, we find the

          trial court did not abuse its discretion in excluding evidence of [the

          boyfriend’s] alleged prior violent conduct towards [the former wife]. First,

          other than Appellant's self-serving claim, the record does not reveal that
[Cite as State v. Ellis, 2023-Ohio-4692.]


          Appellant actually knew of [the boyfriend’s] alleged prior violent conduct

          towards [the former wife] prior to the June 20, 2019 incident at [the former

          wife’s] farm. Second, Appellant's claim that [the former wife] had “told him

          on multiple occasions that [the boyfriend] had beat the hell out of her and

          that she had him arrested in Florida,” is somewhat vague and, without more,

          fails to demonstrate facts temporally and circumstantially related to the June

          20, 2019 incident. [The former wife] and [the boyfriend] both testified they

          had been in a relationship together since 2015. If the proffered evidence

          was true, the record does not reflect if the alleged incidents occurred

          remotely in time or very close to the June 2019 incident. And, the alleged

          prior conduct of [the boyfriend’s], as the prosecutor pointed out, was

          directed to [the former wife], not Appellant.

 Id. at ¶ 21-22.

          {¶47} We find the analysis of Behrle to be applicable to the present case. We do

 not have a proffer of evidence such as that in the Behrle case. From the State’s motion

 in limine, it appeared that Ellis was attempting to introduce the Behavioral Detail Reports

 and/or O.M.’s prior fights in school. As in Behrle, the record does not reveal that Ellis

 actually knew of O.M.’s alleged prior violent conduct at school prior to the August 18,

 2022 incident. There was no demonstration of facts temporally and circumstantially

 related to the August 18, 2022 incident. The record does not reflect that the alleged prior

 incidents occurred remotely in time or very close to the August 18, 2022 incident. Finally,

 O.M.’s alleged prior violent conduct occurred at school; it was not directed at Ellis.
[Cite as State v. Ellis, 2023-Ohio-4692.]


          {¶48} Assuming arguendo that the trial court erred in excluding the evidence, we

 find such exclusion to be harmless under Civ.R. 52(A). In making a Crim.R. 52(A)

 harmless error analysis, any error will be deemed harmless if it did not affect the

 accused's “substantial rights.” An error is harmless where there is no reasonable

 probability that the error contributed to the outcome of the trial. State v. Behrle, 4th Dist.

 Adams No. 20CA1110, 2021-Ohio-1386, 2021 WL 1550501, ¶ 23 citing State v. Thacker,

 4th Dist. Lawrence No. 18CA21, 2020-Ohio-4620, at ¶ 95, citing State v. Brown, 65 Ohio

 St.3d 483, 485, 1992-Ohio-61.

          {¶49} A review of the record shows that during her cross examination, O.M.

 testified that she had been in a physical fight during her freshman year of high school. On

 August 18, 2022, O.M. was 16 years old. Evidence was admitted that O.M. had been in

 a physical fight during high school going to the issue of whether Ellis had reasonable

 grounds to believe that he was in imminent danger of bodily harm.

          {¶50} For the foregoing reasons, we find the trial court did not err by excluding

 evidence of O.M.’s alleged prior violent conduct at school. The second Assignment of

 Error is overruled.

                                               III.

          {¶51} In his third Assignment of Error, Ellis contends the jury’s verdict was against

 the sufficiency and manifest weight of the evidence. We disagree.

          {¶52} The legal concepts of sufficiency of the evidence and weight of the evidence

 are both quantitatively and qualitatively different. State v. Thompkins, 78 Ohio St.3d 380,

 678 N.E.2d 541 (1997), paragraph two of the syllabus. The standard of review for a

 challenge to the sufficiency of the evidence is set forth in State v. Jenks, 61 Ohio St.3d
[Cite as State v. Ellis, 2023-Ohio-4692.]


 259, 574 N.E.2d 492 (1991) at paragraph two of the syllabus, in which the Ohio Supreme

 Court held, “An appellate court's function when reviewing the sufficiency of the evidence

 to support a criminal conviction is to examine the evidence admitted at trial to determine

 whether such evidence, if believed, would convince the average mind of the defendant's

 guilt beyond a reasonable doubt. The relevant inquiry is whether, after viewing the

 evidence in a light most favorable to the prosecution, any rational trier of fact could have

 found the essential elements of the crime proven beyond a reasonable doubt.”

          {¶53} In determining whether a conviction is against the manifest weight of the

 evidence, the court of appeals functions as the “thirteenth juror,” and after “reviewing the

 entire record, weighs the evidence and all reasonable inferences, considers the credibility

 of witnesses and determines whether in resolving conflicts in the evidence, the jury clearly

 lost its way and created such a manifest miscarriage of justice that the conviction must

 be overturned and a new trial ordered.” State v. Thompkins, supra, 78 Ohio St.3d at 387,

 678 N.E.2d 541. Reversing a conviction as being against the manifest weight of the

 evidence and ordering a new trial should be reserved for only the “exceptional case in

 which the evidence weighs heavily against the conviction.” Id.

          {¶54} Ellis was found guilty of domestic violence. The offense of domestic

 violence is codified at R.C. 2919.25(A) and provides that “[n]o person shall knowingly

 cause or attempt to cause physical harm to a family or household member.” Ellis

 concedes in his appellate brief that it is uncontroverted that he knowingly caused physical

 harm to a family or household member. Ellis contends the jury’s finding that he did not act

 in self-defense was against the sufficiency and manifest weight of the evidence.

          {¶55} R.C. 2901.05(B)(1), states as follows:
[Cite as State v. Ellis, 2023-Ohio-4692.]


          A person is allowed to act in self-defense, defense of another, or defense

          of that person's residence. If, at the trial of a person who is accused of an

          offense that involved the person's use of force against another, there is

          evidence presented that tends to support that the accused person used the

          force in self-defense, defense of another, or defense of that person's

          residence, the prosecution must prove beyond a reasonable doubt that the

          accused person did not use the force in self-defense, defense of another,

          or defense of that person's residence, as the case may be.

          {¶56} “Under the current version of R.C. 2901.05, if evidence is presented ‘that

 tends to support’ that the defendant used the force in self-defense, the prosecution must

 prove beyond a reasonable doubt that the accused did not act in self-defense.” (Emphasis

 sic.) State v. Sorrell, 3rd Dist. Seneca No. 13-22-11, 2023-Ohio-2101, 2023 WL 4175260,

 ¶¶ 9-10 quoting State v. Flory, 3rd Dist. Van Wert No. 15-20-02, 2020-Ohio-5136, ¶ 43.

 Because of the cumulative nature of the elements of self-defense, “the state need only

 disprove one of the elements of self-defense beyond a reasonable doubt at trial.” State v.

 Gardner, 8th Dist. Cuyahoga No. 110606, 2022-Ohio-381, 2022 WL 405318, ¶ 24 quoting

 State v. Walker, 8th Dist. Cuyahoga No. 109328, 2021-Ohio-2037, ¶ 13. See also State

 v. Jacinto, 2020-Ohio-3722, 155 N.E.3d 1056, ¶ 46 (8th Dist.); State v. Smith, 1st Dist.

 Hamilton No. C-190507, 2020-Ohio-4976, ¶ 49; State v. Petway, 2020-Ohio-3848, 156

 N.E.3d 467, ¶ 55 (11th Dist.); State v. Carney, 10th Dist. Franklin No. 19AP-402, 2020-

 Ohio-2691, ¶ 31; and State v. Nestingen, 5th Dist. Richland No. 2019 CA 110, 2020-Ohio-

 2965, ¶ 17.
[Cite as State v. Ellis, 2023-Ohio-4692.]


          {¶57} Deputy Johnson was the first to arrive on the scene. He observed Ellis’s

 injuries, who claimed he had been stabbed with a knife. EMS advised Deputy Johnson

 that Ellis’s injuries were consistent with fingernail scratches, not a knife. Based on Deputy

 Johnson’s training and experience, he believed Ellis’s wounds to be caused by O.M. in

 her self-defense. Ellis told Deputy Johnson that O.M. jumped off the kitchen table and

 attacked him. Deputy Johnson examined and photographed the kitchen table, and the

 photo was shown to the jury. He testified, “At the time of the photograph, I did see all the

 chairs standing upright. I did see the – table as in the – the photograph which is, in my

 eyes, inconsistent with somebody jumping off the table and trying to attack another

 person.” (T. 62). Deputy Johnson received two versions of the incident from Ellis and O.M.

 Based on the scene and the injuries, Deputy Johnson testified that he found Ellis’s version

 inconsistent and O.M.’s version consistent. (T. 77).

          {¶58} O.M. testified that she started a verbal argument with Ellis after he called

 her mother a “bitch.” (T. 91). She testified that after the verbal argument,

          A. I just like started – (INAUDIBLE) – like we’re not doing this and I just seen

          – (INAUDIBLE) – and I flew in to the TV. * * * I was in the corner literally

          doing this, because I had nowhere to move to.

          Q. Okay. And who was attacking you?

          A. Roy.

          Q. Okay. And did you fight back?

          A. I couldn’t.

          ***

          Q. Okay. How did you fight back?
[Cite as State v. Ellis, 2023-Ohio-4692.]


          A. Well, I tried to claw him off of me multiple times. But he’s like – he has a

          physical advantage over me so I couldn’t really do anything.

          Q. What do you mean by physical advantage?

          A. Like he’s like strong muscle wise.

 (T. 91, 93).

          {¶59} V.D. testified that she called the police after she heard O.M. screaming “get

 off me, get off me, quit hitting me, quit hitting me.” (T. 82).

          {¶60} The jury found O.M.’s version of events to be credible that Ellis was not

 acting in self-defense when he caused her physical harm. Ellis presented no evidence

 that he had a bona fide belief that he was in imminent danger of death or great bodily

 harm and that his only means of escape from such danger was in the use of such force.

 Ellis claimed that O.M. jumped off the kitchen table and attacked him but the photographic

 evidence showed the chairs around the kitchen table were undisturbed. There was no

 evidence that O.M. used any weapon against Ellis other than her fingernails, as

 determined by the EMS. Based on his training and experience, Deputy Johnson testified

 Ellis’s wounds were from O.M. in her self-defense.

          {¶61} “Self-defense claims are generally an issue of credibility.” State v. Gardner,

 8th Dist. Cuyahoga No. 110606, 2022-Ohio-381, 2022 WL 405318, ¶ 2 quoting Walker,

 2021-Ohio-2037 at ¶ 13. “Whether the state disproves any of the elements of self-defense

 is left to the trier of fact to decide.” Id. quoting State v. Davidson-Dixon, 2021-Ohio-1485,

 170 N.E.3d 557, ¶ 36 (8th Dist.), citing State v. Morton, 147 Ohio App.3d 43, 2002-Ohio-

 813, 768 N.E.2d 730, ¶ 52 (8th Dist.). Having carefully reviewed the entirety of the

 evidence presented at trial, we cannot say the trier of fact lost its way or created a manifest
[Cite as State v. Ellis, 2023-Ohio-4692.]


 miscarriage of justice in finding Ellis guilty of domestic violence despite his claim of self-

 defense.

          {¶62} The third Assignment of Error is overruled.

                                            CONCLUSION

          {¶63} The judgment of the Morgan County Court is affirmed.

 By: Delaney, J.,

 Hoffman, P.J. and

 Wise, J., concur.