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· 3/16/2022

Davis v. Nathaniel (Slip Opinion)

Citations

  • 167 Ohio St. 3d 561
  • 195 N.E.3d 126
  • 2022 Ohio 751

Syllabus

R.C. 2505.02(B)—Court of appeals' judgment vacated for lack of final, appealable order, and cause remanded to trial court for further proceedings.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the felony must be independent of the homicide
  • applying the merger doctrine where the first degree felony murder statute authorized conviction for a killing committed during the perpetration of any felony punishable by life imprisonment
  • applying the merger doctrine where the first degree felony murder statute authorized conviction for a killing committed during the perpetration of any felony punishable by life imprisonment
  • jury instructed only on felony-murder in first and second degree and manslaughter
  • jury instructed only on felony-murder in first and second degree and manslaughter
  • “element that provides for the enhancement of the crime of rape to a felony punishable by life in prison [kidnap ping, or infliction of serious bodily injury], does not negate the intent to commit the rape that is the substitute for the malice requirement of murder”

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.