murder instruction in Ohio

5 Ohio opinions name it 2 courts 1998–2016 0 in the last five years

The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

Case	Followed	Cited
State v. Goodwingreen ohio · 1999 · cited in 1 Ohio opinions naming this issue, 2016–2016 2 sentences 2016State v. Goodwin, 84 Ohio St.3d 331, 345 , 703 N.E.2d 1251, 1264 (1999), cert. denied, 528 U.S. 846 , 120 S.Ct. 118 , 145 L.Ed.2d 100 (1999). {¶43} Thus, Ortiz was entitled to a murder instruction only if the state’s evidence was ambiguous on the element of prior calculation and design, such that a trier of fact could reasonably have found that Ortiz killed Kirksey purposefully but without prior calculation and design. 2016State v. Goodwin, 84 Ohio St.3d 331, 345 , 703 N.E.2d 1251, 1264 (1999), cert. denied, 528 U.S. 846 , 120 S.Ct. 118 , 145 L.Ed.2d 100 (1999). {¶43} Thus, Ortiz was entitled to a murder instruction only if the state’s evidence was ambiguous on the element of prior calculation and design, such that a trier of fact could reasonably have found that Ortiz killed Kirksey purposefully but without prior calculation and design.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (9)

Case	Cited	Years
Ohio v. Wilkins green ohio · 1980 2 sentences 1998A murder instruction would have been an improper invitation to the jury to reach a compromise verdict that “could not possibly be sustained by the adduced facts.” Wilkins, 64 Ohio St.2d at 387 , 18 O.O.3d at 531 , 415 N.E.2d at 307 . 1998A murder instruction would have been an improper invitation to the jury to reach a compromise verdict that “could not possibly be sustained by the adduced facts.” Wilkins, 64 Ohio St.2d at 387 , 18 O.O.3d at 531 , 415 N.E.2d at 307 .	2	1998–1998
Robinson v. United States green scotus · 1999 1 sentence 2016State v. Goodwin, 84 Ohio St.3d 331, 345 , 703 N.E.2d 1251, 1264 (1999), cert. denied, 528 U.S. 846 , 120 S.Ct. 118 , 145 L.Ed.2d 100 (1999). {¶43} Thus, Ortiz was entitled to a murder instruction only if the state’s evidence was ambiguous on the element of prior calculation and design, such that a trier of fact could reasonably have found that Ortiz killed Kirksey purposefully but without prior calculation and design.	1	2016–2016
Green v. Carolina green scotus · 1999 1 sentence 2016State v. Goodwin, 84 Ohio St.3d 331, 345 , 703 N.E.2d 1251, 1264 (1999), cert. denied, 528 U.S. 846 , 120 S.Ct. 118 , 145 L.Ed.2d 100 (1999). {¶43} Thus, Ortiz was entitled to a murder instruction only if the state’s evidence was ambiguous on the element of prior calculation and design, such that a trier of fact could reasonably have found that Ortiz killed Kirksey purposefully but without prior calculation and design.	1	2016–2016
State v. Bethel green ohio · 2006 1 sentence 2016State v. Bethel, 110 Ohio St.3d 416 , 2006-Ohio-4853 , 854 N.E.2d 150, ¶ 138 ; 143.	1	2016–2016
City of Norwood v. Burton green ohio · 2006 1 sentence 2016State v. Bethel, 110 Ohio St.3d 416 , 2006-Ohio-4853 , 854 N.E.2d 150, ¶ 138 ; 143.	1	2016–2016
State v. Shane green ohio · 1992 2 sentences 2013First, there must be “evidence of reasonably sufficient provocation occasioned by the victim * * * to warrant such an instruction.” Shane, 63 Ohio St.3d 630 , 590 N.E.2d 272 , paragraph one of the syllabus. 2013First, there must be “evidence of reasonably sufficient provocation occasioned by the victim * * * to warrant such an instruction.” Shane, 63 Ohio St.3d 630 , 590 N.E.2d 272 , paragraph one of the syllabus.	1	2013–2013
State v. Kidder green ohio · 1987 2 sentences 2011An “‘abuse of discretion’ connotes more than an error of law or judgment; it implies that the court’s attitude is unreasonable, arbitrary or unconscionable.” Blakemore v. Blakemore (1983), 5 Ohio St.3d 217, 219 , 450 N.E.2d 1140 . {¶ 49} In State v. Kidder (1987), 32 Ohio St.3d 279 , 513 N.E.2d 311 , the Ohio Supreme Court stated the following relative to instructing a jury on a lesser included offense: {¶ 50} “A criminal defendant is entitled to a lesser-included-offense instruction [ ] only where the evidence warrants it. 2011An “‘abuse of discretion’ connotes more than an error of law or judgment; it implies that the court’s attitude is unreasonable, arbitrary or unconscionable.” Blakemore v. Blakemore (1983), 5 Ohio St.3d 217, 219 , 450 N.E.2d 1140 . {¶ 49} In State v. Kidder (1987), 32 Ohio St.3d 279 , 513 N.E.2d 311 , the Ohio Supreme Court stated the following relative to instructing a jury on a lesser included offense: {¶ 50} “A criminal defendant is entitled to a lesser-included-offense instruction [ ] only where the evidence warrants it.	1	2011–2011
Blakemore v. Blakemore green ohio · 1983 2 sentences 2011An “‘abuse of discretion’ connotes more than an error of law or judgment; it implies that the court’s attitude is unreasonable, arbitrary or unconscionable.” Blakemore v. Blakemore (1983), 5 Ohio St.3d 217, 219 , 450 N.E.2d 1140 . {¶ 49} In State v. Kidder (1987), 32 Ohio St.3d 279 , 513 N.E.2d 311 , the Ohio Supreme Court stated the following relative to instructing a jury on a lesser included offense: {¶ 50} “A criminal defendant is entitled to a lesser-included-offense instruction [ ] only where the evidence warrants it. 2011An “‘abuse of discretion’ connotes more than an error of law or judgment; it implies that the court’s attitude is unreasonable, arbitrary or unconscionable.” Blakemore v. Blakemore (1983), 5 Ohio St.3d 217, 219 , 450 N.E.2d 1140 . {¶ 49} In State v. Kidder (1987), 32 Ohio St.3d 279 , 513 N.E.2d 311 , the Ohio Supreme Court stated the following relative to instructing a jury on a lesser included offense: {¶ 50} “A criminal defendant is entitled to a lesser-included-offense instruction [ ] only where the evidence warrants it.	1	2011–2011
State v. Lessin green ohio · 1993 2 sentences 2011State v. Lessin (1993), 67 Ohio St.3d 487 , 3 The court granted the defense’s request for a murder instruction, but denied the request for an 494, 620 N.E.2d 72 . 2011State v. Lessin (1993), 67 Ohio St.3d 487 , 3 The court granted the defense’s request for a murder instruction, but denied the request for an 494, 620 N.E.2d 72 .	1	2011–2011

Statutes the citing opinions construe

OH § Ohio Rev. Code § 2903.01 (4) OH § Ohio Rev. Code § 2903.03 (3) OH § Ohio Rev. Code § 2941.25 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 35 (1974–2019) MS 25 (1928–2009) CA 22 (1985–2024) KY 15 (1912–2022) WV 8 (1948–1992) TX 7 (1986–2025) IN 6 (1993–2014) PA 5 (1998–2017) OH 5 (1998–2016) NM 3 (2013–2023) WA 3 (2009–2018) MA 3 (1996–2017) AZ 3 (1977–2017) KS 2 (2006–2012) RI 2 (1977–2001) SD 2 (1992–2001) MO 2 (1950–1988) CT 2 (2016–2018) AL 2 (1993–1993) OK 2 (1991–2000)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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