For purposes of sections 2945.371, 2945.40, 2945.401, and 2945.402 and Chapters 5122. and 5123. of the Revised Code, a person is "not guilty by reason of insanity" relative to a charge of an offense only as described in division (A)(14) of section 2901.01 of the Revised Code. Proof that a person's reason, at the time of the commission of an offense, was so impaired that the person did not have the ability to refrain from doing the person's act or acts, does not constitute a defense.
Notes of Decisions
Cited in 10
cases (5 in the last 5 years), 2013–2026 · leading case: State v. Ireland (Slip Opinion), 2018-Ohio-4494, 121 N.E.3d 285.
State v. Ireland (Slip Opinion), 2018-Ohio-4494, 121 N.E.3d 285. · cites it 6ד” R.C. 2945.391. {¶ 62} Ireland’s claim of being in a temporarily altered state of consciousness is a typical diminished-capacity defense.”
State v. Davis, 2021-Ohio-237. · cites it 3דGlass would not be permitted to testify for the defense because diminished capacity is not a recognized defense in Ohio pursuant to R.C. 2945.391. More specifically, the court determined that Dr.”
State v. Mitchell, 2016-Ohio-7691. · cites it 3דThis instruction paraphrased R.C. 2945.391, which states -15- in part: “Proof that a person’s reason, at the time of the commission of an offense, was so impaired that the person did not have the ability to refrain from doing the person’s act or acts, does not constitute a…”
State v. Metcalf, 2015-Ohio-3507. “R.C. 2945.391. Accordingly, the record does not support that the trial court abused its discretion by finding that Metcalf failed to prove by clear and convincing evidence the -7- facts required to meet the conditions set forth in Crim R.”
State v. Swiger, 2013-Ohio-3519. “” R.C. 2945.391. {¶13} Prior to the General Assembly’s adoption of the NGRI test set forth in R.”
State v. Moore, 2024-Ohio-994. “” R.C. 2945.391. {¶ 57} When reasonable minds may reach different conclusions on the question of insanity, the question is one of fact.”
State v. Perander, 2016-Ohio-1474. “Proof that a person’s reason, at the time of the commission of an -13- offense, was so impaired that the person did not have the ability to refrain from doing the person’s act or acts, does not constitute a defense.”
State v. Tussing, 2024-Ohio-5757. “” R.C. 2945.391. -12- Case No. 1-24-03 2. Analysis {¶21} We find no error by the trial court.”
State v. Mundt, 2026-Ohio-382. “” R.C. 2945.391. To establish a defendant is incompetent to stand trial, he must show by a preponderance of the evidence that he is incapable of understanding the nature and objective of the proceedings against him or to assist in his own defense as a consequence of a present…”
State v. Johnson, 2024-Ohio-5623. “The State also observes that a finding of not guilty by reason of insanity triggers certain procedures and consequences for a defendant, which must be followed pursuant to R.C. 2945.391 and R.C. 2945.40, one of which is the potential detention of the defendant until the hearing…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.