Summary
The Supreme Court of Ohio dismissed the appeal as having been improvidently accepted. Justice O’Neill, joined by Justice Lanzinger, dissented, arguing that the trial court should have instructed the jury on voluntary manslaughter and that the error was not harmless despite Davis’s acquittal on the murder charge.
Holdings
- The appeal was dismissed as having been improvidently accepted.
Questions Presented
- Whether the Supreme Court of Ohio should dismiss the accepted appeal as improvidently accepted.
- According to the dissent, whether the trial court was required to instruct the jury on voluntary manslaughter when the evidence, viewed favorably to Davis, supported reasonably sufficient provocation.
- According to the dissent, whether the absence of a voluntary-manslaughter instruction was harmless when the jury acquitted Davis of murder but convicted him of felony murder.
Disposition
dismissed
Cases Cited (12)
- State v. Deanda, 136 Ohio St. 3d 18, 2013-Ohio-1722, 989 N.E.2d 986(discussed)
- State v. Shane, 63 Ohio St. 3d 630, 632, 635, 590 N.E.2d 272 (1992)(followed)
- State v. Wilkins, 64 Ohio St. 2d 382, 388, 415 N.E.2d 303 (1980)(followed)
- State v. Nolton, 19 Ohio St. 2d 133, 135, 249 N.E.2d 797 (1969)(followed)
- State v. Campbell, 69 Ohio St. 3d 38, 47-48, 630 N.E.2d 339 (1994)(followed)
- United States v. Gaudin, 515 U.S. 506, 510-511, 115 S. Ct. 2310, 132 L. Ed. 2d 444 (1995)(discussed)
- State v. Loudermill, 2 Ohio St. 2d 79, 82-83, 206 N.E.2d 198 (1965)(followed)
- State v. DeMarco, 31 Ohio St. 3d 191, 195, 509 N.E.2d 1256 (1987)(followed)
- State v. Allen, 73 Ohio St. 3d 626, 630, 653 N.E.2d 675 (1995)(followed)
- State v. Price, 60 Ohio St. 2d 136, 398 N.E.2d 772 (1979)(followed)
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Cited In (0)
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Court Document
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