State v. Smith

Citations

• 2024 Ohio 2849

Syllabus

The defendant's convictions for aggravated murder, murder, attempted aggravated murder, attempted murder, felonious assault, and related firearm specifications were not in error. The trial court rightfully refused to provide the jury an instruction on voluntary manslaughter because (1) the victim's denial of sexually abusing the defendant were mere words and not legally sufficient provocation and (2) the defendant did not act under the influence of passion or rage but with calculation and design when he had to retrieve his revolver before shooting at two of his uncles, killing one. In addition, the prosecutor's remark that the defense could have but did not, present evidence regarding alleged abuse did not affect the outcome of the trial because the trial court provided a curative instruction and evidence of the defendant's guilt was overwhelming. Finally, the imposition of consecutive sentences was supported by clear and convincing evidence because the defendant committed violent, deadly crimes, in a collected, premeditated manner. The defendant never asserted his innocence and expressed relief after doing what he did.