lesser included offenses

• State v. Parks, (Ohio 2011)

Stabbing in eye - manifest weight; lesser included offenses; confrontation clause

• Ohio Supreme Court

• U.S. Court of Appeals for the 2nd Circuit Case Summaries: 2011

Double Jeopardy Lesser Included Offenses

• Daily Record (Rochester, NY)
• August 16, 2011

• State v. Barker, (Ohio 2012)

CRIMINAL LAW - felonious assault; felony murder; murder; tampering with evidence; sufficiency of the evidence; manifest weight of the evidence; official proceeding or investigation; destroy; alter; impair; ineffective assistance of counsel; failing to elicit testimony at trial; failure to object; failure to argue insufficient evidence at closing; tactical; performance not deficient; no prejudice; felony sentence; no abuse of discretion. CRIMINAL LAW - IDENTIFICATION - due process; suggestiveness of identification; unreliable; factors; show-up; eyewitness; short time after assault; not unduly suggestive; sufficient to ensure accuracy; photographic identification; no likelihood of irreparable misidentification; photos not produced for identification; no due process rights implicated. JUR...

... conviction on the  proposed lesser included offenses.  Instead of employing this test, t... the jury on these lesser  included offenses, appellant’s convictions for feloniou...

• Ohio Supreme Court

• Flying Without a Net: United States V. Medina &Amp; Its Implications for Article 134 Practice

The applicable rule is that, where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one is whether each provision requires proof of an additional fact which the other does not.15 If, by looking to the competing statutes, a practitioner can point to an element in one that is not required by the other and vice versa, then the prohibited offenses are sufficiently distinct that one can infer congressional intent to permit multiple convictions for the same criminal act.16 The second offense-relation doctrine, lesser-included offenses, performs at least two functions. [...] the doctrine provides the accused with the benefit of giving the fact-finders in his case an option for a...

• Army Lawyer, The
• Nbr. 6/2008, June 2008

• State v. Evans (Slip Opinion), Slip Opinion No. 2009-Ohio-2974

Criminal law — Lesser included offenses — Robbery — R.C. 2911.02(A)(2) and 2911.01(A)(1).

• Ohio Supreme Court

• State v. Murrell, (Ohio 2012)

Evidence was legally sufficient to prove that defendant engaged in fellatio, a form of sexual conduct, in committing rape of a child less than thirteen years of age; trial court did not err in instructing the jury concerning the definition of fellatio; trial court did not err in denying defendant’s motion for an instruction on lesser-included offenses; and trial court did not err in imposing a sentence of from ten years to life imprisonment. Affirmed.

• Ohio Supreme Court

• State v. Gray, (Ohio 2011)

Murder (fatally stabbing victim with knife); jury instructions for lesser included offenses of negligent homicide, reckless homicide, and voluntary manslaughter properly not given by trial court; jury instructions for self-defense and defense of others properly not given by trial court; detective's rebuttal testimony properly allowed by trial court.

• Ohio Supreme Court

• Shaker Hts. v. Mosely, 113 Ohio St.3d 329 (2007)

Criminal law – Lesser included offenses – Minor misdemeanor disorderly conduct under R.C. 2917.11(A)(1) is lesser included offense of domestic violence under R.C. 2919.25(C).

• Ohio Supreme Court

• State v. Cameron, (Ohio 2009)

Competency of Child Witness, Jury Instruction on Lesser Included Offenses, Ineffective Assistance

• Ohio Supreme Court

• State v. Wilmore, (Ohio 2008)

Evidence; complicity; misconduct; ineffective assistance of counsel; lesser included offenses; sentencing

• Ohio Supreme Court