inferior degree offense instruction (Ohio) · Go Syfert
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inferior degree offense instruction in Ohio

5 Ohio opinions name it 1 courts 2016–2023 3 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 (4)

CaseFollowedCited
State v. Deemgreen
ohio · 1988 · cited in 2 Ohio opinions naming this issue, 2016–2017
2 sentences

2016Moreover, a criminal defendant is entitled to an inferior-degree-offense instruction “when the evidence presented at trial would reasonably support both an acquittal on the charged [offense] and a conviction for [the inferior-degree offense].” State v. Shane, 63 Ohio St.3d 630, 632 , 590 N.E.2d 272 (1992). “‘An offense is an “inferior degree” of the indicted offense where its elements are identical to or contained within the indicted offense, except for one or more additional mitigating elements.’” State v. Franklin, 97 Ohio St.3d 1 , 2002-Ohio-5304 , 776 N.E.2d 26 , ¶73, quoting State v. Deem

2016Moreover, a criminal defendant is entitled to an inferior-degree-offense instruction “when the evidence presented at trial would reasonably support both an acquittal on the charged [offense] and a conviction for [the inferior-degree offense].” State v. Shane, 63 Ohio St.3d 630, 632 , 590 N.E.2d 272 (1992). “‘An offense is an “inferior degree” of the indicted offense where its elements are identical to or contained within the indicted offense, except for one or more additional mitigating elements.’” State v. Franklin, 97 Ohio St.3d 1 , 2002-Ohio-5304 , 776 N.E.2d 26 , ¶73, quoting State v. Deem

12
State v. Shanegreen
ohio · 1992 · cited in 2 Ohio opinions naming this issue, 2016–2017
2 sentences

2016Moreover, a criminal defendant is entitled to an inferior-degree-offense instruction “when the evidence presented at trial would reasonably support both an acquittal on the charged [offense] and a conviction for [the inferior-degree offense].” State v. Shane, 63 Ohio St.3d 630, 632 , 590 N.E.2d 272 (1992). “‘An offense is an “inferior degree” of the indicted offense where its elements are identical to or contained within the indicted offense, except for one or more additional mitigating elements.’” State v. Franklin, 97 Ohio St.3d 1 , 2002-Ohio-5304 , 776 N.E.2d 26 , ¶73, quoting State v. Deem

2016Moreover, a criminal defendant is entitled to an inferior-degree-offense instruction “when the evidence presented at trial would reasonably support both an acquittal on the charged [offense] and a conviction for [the inferior-degree offense].” State v. Shane, 63 Ohio St.3d 630, 632 , 590 N.E.2d 272 (1992). “‘An offense is an “inferior degree” of the indicted offense where its elements are identical to or contained within the indicted offense, except for one or more additional mitigating elements.’” State v. Franklin, 97 Ohio St.3d 1 , 2002-Ohio-5304 , 776 N.E.2d 26 , ¶73, quoting State v. Deem

12
State v. Smith, 90478 (5-14-2009)green
ohioctapp · 2009 · cited in 1 Ohio opinions naming this issue, 2023–2023
1 sentence

2023See State v. Smith, 8th Dist. Cuyahoga No. 90478, 2009-Ohio-2244, ¶ 13 (trial counsel, who chose to pursue theory of self- defense, was not ineffective in failing to seek instruction on lesser-included offense of voluntary manslaughter; decision “was a reasonable trial strategy calculated to obtain a complete acquittal”). 1 The record further demonstrates that an instruction on inferior offenses was not supported by the evidence.

11
State v. Foutsgreen
ohioctapp · 2016 · cited in 1 Ohio opinions naming this issue, 2021–2021
1 sentence

2021See, e.g., State v. Fouts, 4th Dist. Washington No. 15CA25, 2016-Ohio-1104, ¶ 73 .

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (3)

CaseCitedYears
State v. Miku green
ohioctapp · 2018
2 sentences

2021State v. Miku, 5th Dist. No. 2017 CA 00057, 2018-Ohio-1584 , 111 N.E.3d 558, ¶ 53 . {¶25} Appellant argues his own testimony he aimed above the car, rather than at the car, and fired the gun toward the park merely to scare Beasley, is sufficient evidence to require the inferior degree offense instruction of aggravated menacing in this case. {¶26} Even though the defendant's own testimony may constitute some evidence supporting a lesser offense, if the evidence as a whole does not reasonably support an acquittal on the higher offense and a conviction on a lesser offense, the court should not in

2021State v. Miku, 5th Dist. No. 2017 CA 00057, 2018-Ohio-1584 , 111 N.E.3d 558, ¶ 53 . {¶25} Appellant argues his own testimony he aimed above the car, rather than at the car, and fired the gun toward the park merely to scare Beasley, is sufficient evidence to require the inferior degree offense instruction of aggravated menacing in this case. {¶26} Even though the defendant's own testimony may constitute some evidence supporting a lesser offense, if the evidence as a whole does not reasonably support an acquittal on the higher offense and a conviction on a lesser offense, the court should not in

12021–2021
State v. Moore green
ohioctapp · 2016
1 sentence

2017No. 15CA3717, 2016-Ohio-8274, ¶ 13 , quoting State v. Shane, 63 Ohio St.3d 630, 632 (1992). {¶ 81} As noted, appellant was convicted of felonious assault, and Ohio courts have recognized that the crime of aggravated assault "is an inferior degree of felonious assault." Id. at ¶ 16, citing State v. Deem, 40 Ohio St.3d 205, 210-11 (1988).

12017–2017
State v. Franklin green
ohio · 2002
2 sentences

2016Moreover, a criminal defendant is entitled to an inferior-degree-offense instruction “when the evidence presented at trial would reasonably support both an acquittal on the charged [offense] and a conviction for [the inferior-degree offense].” State v. Shane, 63 Ohio St.3d 630, 632 , 590 N.E.2d 272 (1992). “‘An offense is an “inferior degree” of the indicted offense where its elements are identical to or contained within the indicted offense, except for one or more additional mitigating elements.’” State v. Franklin, 97 Ohio St.3d 1 , 2002-Ohio-5304 , 776 N.E.2d 26 , ¶73, quoting State v. Deem

2016Moreover, a criminal defendant is entitled to an inferior-degree-offense instruction “when the evidence presented at trial would reasonably support both an acquittal on the charged [offense] and a conviction for [the inferior-degree offense].” State v. Shane, 63 Ohio St.3d 630, 632 , 590 N.E.2d 272 (1992). “‘An offense is an “inferior degree” of the indicted offense where its elements are identical to or contained within the indicted offense, except for one or more additional mitigating elements.’” State v. Franklin, 97 Ohio St.3d 1 , 2002-Ohio-5304 , 776 N.E.2d 26 , ¶73, quoting State v. Deem

12016–2016

Statutes the citing opinions construe

OH § Ohio Rev. Code § 2903.11 (5) OH § Ohio Rev. Code § 2903.12 (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

WA 32 (2000–2026) OH 5 (2016–2023)

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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