Keahey v. Marquis, No. 18-4106 (6th Cir. 2020)
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Keahey and McGill lived with their daughter and two boys, the product of McGill’s prior relationship with Hampton. Hampton came to the house, pulled out a knife, charged Keahey, and stabbed him in the back. Keahey and McGill never identified Hampton as the assailant. McGill and the children moved in with her mother, Joyce. Despite a criminal history that prohibited firearm possession, Keahey got a gun. Weeks later, Keahey and McGill planned to meet at the doctor’s office for their daughter’s appointment. Keahey decided to instead go to Joyce's house. Joyce testified that when Hampton arrived with his boys, Keahey fired at an unarmed Hampton and chased Hampton down the sidewalk. A knife found at the scene was locked and closed. Keahey testified that he shot Hampton in self-defense because Hampton had charged at him with a knife. Keahey claims that, as he retreated, he heard a gunshot and saw Hampton, gun in hand, coming toward him. After shooting Hampton twice, Keahey fled.
An Ohio trial judge found Keahey failed to present sufficient evidence to warrant a self-defense instruction. State courts rejected his arguments on appeal and on collateral review. Keahey filed a federal habeas petition, citing the Sixth and Fourteenth Amendments by refusing to instruct the jury on self-defense. The Sixth Circuit affirmed the denial of relief, finding that the state court’s decision was not contrary to, and did not unreasonably apply Supreme Court precedent.
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