State v. Wadlington
Citations
- 2024 Ohio 1268
Syllabus
Self-defense aggravated assault involuntary manslaughter abuse of discretion specific instances of conduct character evidence victim's prior conduct Evid.R. 404(A) Evid.R. 405 provocation rage fear jury instructions inferior offense lesser included offense. Judgment is affirmed. The trial court did not abuse its discretion when it limited evidence of victim's prior conduct to specific instances known to the appellant that tended to show appellant's state of mind. The trial court did not abuse its discretion when it did not instruct on the inferior offense of aggravated assault or the lesser included offense of involuntary manslaughter because the appellant testified that she shot the victim because she was in fear.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- allowing departure because child pornographers were susceptible to abuse in prison would thwart the guidelines' sentences for such crimes
- allowing departure because child pornographers were susceptible to abuse in prison wbuld thwart the guidelines’ sentences for such crimes
- rejecting consideration of the nature of the offense as a ground for departure in particular cases in which no other factor made the defendant extraordinarily vulnerable
- rejecting consideration of the nature of the offense as a ground for departure in particular cases in which no other factor made the defendant extraordinarily vulnerable
- reversing departure for susceptibility to abuse in prison that was based on status as child pornographer and remanding to consider remaining valid factor alone
- stating that atypical post-offense rehabilitation may support guidelines downward departure
Source: CourtListener parenthetical corpus (CC0).
Judges: Boyle
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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