State v. Hurt

Citations

• 2022 Ohio 2039

Syllabus

Jury instructions murder voluntary manslaughter aggravated assault involuntary manslaughter duty to retreat flight instruction sufficiency of the evidence self-defense. - Defendant's convictions for felony murder, voluntary manslaughter, and felonious assault reversed and case remanded for new trial where trial court improperly instructed the jury that it could find the defendant guilty of both murder and voluntary manslaughter, and did not instruct the jury on the inferior-degree offense of aggravated assault with respect to the felonious assault counts and involuntary manslaughter regarding the felony murder court trial court properly gave a flight instruction trial court did not err in not instructing the jury on amended R.C. 2901.09 regarding the defendant's duty to retreat because the statute was amended while defendant's case was pending and, therefore, the substantive provisions of the former law applied to defendant's case defendant's convictions for felony murder, voluntary manslaughter, and felonious assault were supported by sufficient evidence where the defendant conceded that by asserting self-defense, he admitted that he knowingly killed the victim when he shot him and the state produced sufficient evidence to demonstrate that defendant was not acting in self-defense.