In charging the jury, the court must state to it all matters of law necessary for the information of the jury in giving its verdict. The court must also inform the jury that the jury is the exclusive judge of all questions of fact. The court must state to the jury that in determining the question of guilt, it must not consider the punishment but that punishment rests with the judge except in cases of murder in the first degree or burglary of an inhabited dwelling.
Notes of Decisions
Cited in 78
cases (11 in the last 5 years), 1955–2026 · leading case: State v. McDonald, 2013-Ohio-5042, 1 N.E.3d 374.
State v. McDonald, 2013-Ohio-5042, 1 N.E.3d 374. · cites it 4ד{¶ 28} The jury verdict in this case was inartfully worded, finding McDonald guilty of “Failure to Comply with Order or Signal of Police Officer And Caused A Substantial Risk of Serious Physical Harm To Persons or Property.”
State v. Henry, 2018-Ohio-1128, 110 N.E.3d 103. · cites it 2דASSIGNMENT OF ERROR NUMBER FIVE THE TRIAL COURT ERRED WHEN IT FAILED TO INSTRUCT THE JURY, PURSUANT TO R.C. 2945.11, ON ALL MATTERS OF LAW NECESSARY TO RENDER A VERDICT AND THE DEFENDANT WAS ALSO DEPRIVED OF THE EFFECTIVE ASSISTANCE OF COUNSEL DUE TO THE FAILURE OF COUNSEL TO…”
State v. Reynolds, 550 N.E.2d 490 (Ohio Ct. App. 2d Dist. 1988). · cites it 2דII Reynolds’ first assignment of error is as follows: *31 “The Fifth, Sixth, Eighth and Fourteenth Amendments to the United States Constitution; Article I, Sections 2, 9, 10 and 16 of the Ohio Constitution; and Ohio Revised Code Section 2945.11 guarantee the accused a jury…”
State v. Belanger, 2010-Ohio-5407, 941 N.E.2d 1265. · cites it 2ד” R.C. 2945.11. Parties may request that the trial court instruct the jury on a particular matter.”
State v. Braxton, 656 N.E.2d 970 (Ohio Ct. App. 8th Dist. 1995). “Appellant, through his seventh assignment of error, argues that he was denied due process of law when the court would not instruct the jury on the lesser included offense of possession of stolen automobile parts.”
State v. Johnson, 460 N.E.2d 625 (Ohio Ct. App. 10th Dist. 1983). · cites it 2דSection 2945.11.” This case involves the robbery and brutal murder of an elderly woman in her own home.”
State v. Mitchell, 574 N.E.2d 573 (Ohio Ct. App. 8th Dist. 1989). · cites it 2דR.C. 2945.11 requires the court to charge the jury with all the law required to return a verdict.”
State v. Tyus, 2020-Ohio-4455. “{¶33} “[A] trial court must fully and completely give the jury all instructions which are relevant and necessary for the jury to weigh the evidence and discharge its duty as the fact finder.”
State v. Abboud, 468 N.E.2d 155 (Ohio Ct. App. 8th Dist. 1983). · cites it 2דR.C. 2945.11 provides, in relevant part: “* * * The court must state to the jury that in determining the question of guilt, it must not consider the punishment but that punishment rests with the judge except in cases of murder in the first degree or burglary of an inhabited…”
State v. Shue, 646 N.E.2d 1156 (Ohio Ct. App. 9th Dist. 1994). “” If the gun, along with the bullets, were taken for protection, it belies Shue’s assertion that when he loaded the bullets into the gun, pointed it at Petersen from no more than inches away, and applied eleven-and-a-half pounds of pressure to the trigger, he had an honest…”
State v. Loudermill, 206 N.E.2d 198 (Ohio 1965). · cites it 2דThe evidence, as well as the law, governs the charge of the court in a criminal case (Section 2945.11, Revised Code), and the charge must be consistent with the evidence.”
State v. Harper, 2017-Ohio-1395, 89 N.E.3d 141. “In particular, the court instructed, "testimony has been admitted indicating that the defendant intimidated a witness to deter her from testifying at trial." Appellant asserts that the instruction "implies that [appellant] intimidated" the victim and that, in fact, no evidence…”
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