ALLEN COUNTY, OH (WLIO) - A man convicted of a 2017 murder will be getting a new trial.
The Third District Court of Appeals ruled that Clois-Ray Adkins needs to be retried in Allen County Common Pleas Court. In 2019, a jury found him guilty on two counts each of murder and felonious assault for the death of Robert Lee Smith. Adkins admitted to taking a tree branch and striking Smith in the head. The blow ended up killing Smith. Adkins said it was self-defense.
During jury instructions, the court said that Adkins' attorney had to prove it was self-defense. However, according to the appellate court ruling, the Allen County Court should have said it was up to the prosecution to prove that it was not self-defense. A hearing will be held next week to start the process toward a new trial.
