State v. Jackson

Citations

• 2022 Ohio 3483

Syllabus

CRIMINAL LAW - de novo statements made by victim of attempted murder were improperly excluded as hearsay because they were admitted to prove the defendant's mindset at the time and not to prove that the victim was trying to kill the defendant statements not admitted as hearsay were relevant to defendant's claim of self-defense court improperly excluded a text message sent from the victim to his associate as it was admissible under Evid.R. 803(3) the declarant's then-existing state of mind defendant's lack of knowledge of the text message sent from the victim to his associate does not render the text message irrelevant because it was germane to the interpretation of the victim's prior threat, and serves to confirm the magnitude and sincerity of the threat counsel was not ineffective for failing to pursue a jury instruction on the castle doctrine because the parking lot of an apartment building is not a \residence\ as defined by R.C. 2901.09(B) sufficient evidence was presented to sustain a conviction of attempted murder reversed and remanded.