· 3/17/2022
State v. Sitgraves
Citations
- 2022 Ohio 819
Syllabus
Reagan Tokes law right to trial by jury separation-of-powers doctrine due process. The Reagan Tokes Law is constitutional and, therefore, appellant's sentence imposed under the law does not violate appellant's constitutional rights.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- statement not admitted as spontaneous utterance where defendant stood to gain by giving “his version” of altercation in statement to police and had strong motive to fabricate
- “[h]ere, the pattern is an incorrect instruction, followed by a correct instruction in the main charge, followed by an incorrect instruction in the supplemental charge”
- error in self-defense instructions deemed to create substantial risk of a miscarriage of justice
- where mandatory language is required, permissive language should not be used
- permissive language should not be used where mandatory language is required
- Commonwealth must disprove “reasonable provocation” where raised by evidence
Source: CourtListener parenthetical corpus (CC0).
Judges: Kilbane
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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