State v. Burkes

Citations

• 2018 Ohio 4854

Syllabus

Aggravated murder R.C. 2903.01(A) prior calculation and design provocation cooling off jury instruction voluntary manslaughter sudden R.C. 2903.03(A) sufficiency of the evidence manifest weight murder R.C. 2903.02(B) felonious assault R.C. 2903.11(A) knowingly Batson challenge race neutral reasons sentence R.C. 2953.08(D)(3). Burkes failed to show serious provocation sufficient to warrant jury instructions on voluntary manslaughter where the evidence demonstrated a cooling off period between the alleged provocation and the commission of the crime that rendered the \sudden\ element of voluntary manslaughter insufficient as a matter of law. The state presented sufficient evidence of prior calculation and design to support Burkes's conviction for aggravated murder where Burkes expressed revenge for a prior incident with a man he knew, acquired a gun, obtained a ride to the home where he knew the victim to be staying, charged upstairs threatening the victim, called him outside, and shot and killed him. The state also presented sufficient evidence to support the knowing element of Burkes's convictions for murder and felonious assault. Burkes's convictions were not against the manifest weight of the evidence. The trial court did not err in denying Burkes's Batson challenge where the court engaged in the proper analysis and the state provided sufficient race neutral reasons for utilizing its peremptory challenge. Burkes's sentence for aggravated murder is not reviewable pursuant to R.C. 2953.08(D)(3).