State v. Yantis
Citations
- 226 N.E.3d 1062
- 2023 Ohio 3820
Syllabus
Appellant's conviction for domestic violence by threats in violation of R.C. 2919.25(C) was supported by sufficient evidence and was not against the manifest weight of the evidence. In addition, the trial court correctly determined that domestic violence by threats is a lesser included offense of domestic violence in violation of R.C. 2919.25(A). Although this court previously held in State v. Rihm, 101 Ohio App.3d 626, 656 N.E.2d 372 (2d Dist.1995) that domestic violence by threats is not a lesser included offense of domestic violence under R.C. 2919.25(A), that holding is no longer appropriate under the Supreme Court of Ohio's modified lesser-included-offense analysis set forth in State v. Evans, 122 Ohio St.3d 381, 2009-Ohio-2974, 911 N.E.2d 889. Rihm overruled. Judgment affirmed.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “a sentencing judge, sitting without a jury, [may not] find an aggravating circumstance necessary for imposition of the death penalty”
- holding that the Fourteenth Amendment has not been construed to include the Fifth Amendment right to \presentment or indictment of a Grand Jury\
- holding that, if the imposition of the death penalty depends on the existence of aggravating factors, a jury must find those factors beyond a reasonable doubt
- holding that a jury, not a judge, must find facts necessary for imposition of the death penalty
- holding that any fact essential to imposition of the death penalty must be submitted to a jury and found beyond a reasonable doubt
- holding that a capital sentencing scheme under which a judge determines aggravating circumstances violates the Sixth Amendment right to a jury trial
Source: CourtListener parenthetical corpus (CC0).
Judges: Welbaum
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.