State v. Hamad

Citations

• 2019 Ohio 2664

Syllabus

CRIMINAL LAW - JURY INSTRUCTION - aggravated murder voluntary manslaughter inferior offense mitigating circumstances sudden passion or sudden fit of rage serious provocation occasioned by the victim reasonably sufficient to incite deadly force. EVIDENCE - expert testimony post-traumatic stress disorder state of mind no history of physical abuse invade the province of the jury manifest weight of the evidence prior calculation and design momentary deliberation is insufficient pursued fleeing and incapacitated victims after initial confrontation affirmative defense self-defense deadly force not the only means of escape. PROSECUTORIAL MISCONDUCT - due process fair trial mistrial avoid insinuations and assertions calculated to mislead the jury misstatement apology admonished in jury's presence abandoned line of questioning curative instruction.