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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.
| Case | Followed | Cited |
|---|---|---|
State v. Deemgreen2 sentences2016Moreover, 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 | 1 | 2 |
State v. Shanegreen2 sentences2016Moreover, 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 | 1 | 2 |
State v. Smith, 90478 (5-14-2009)green1 sentence2023See 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. | 1 | 1 |
State v. Foutsgreen1 sentence2021See, e.g., State v. Fouts, 4th Dist. Washington No. 15CA25, 2016-Ohio-1104, ¶ 73 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Miku
green
2 sentences2021State 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 | 1 | 2021–2021 |
State v. Moore
green
1 sentence2017No. 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). | 1 | 2017–2017 |
State v. Franklin
green
2 sentences2016Moreover, 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 | 1 | 2016–2016 |
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.
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.