State v. Duncan

Mark P. Painter, Judge.

{¶ 1} We reverse defendant-appellant Thomas Duncan’s convictions for murder, felony murder, and voluntary manslaughter, due to erroneous jury instructions by a visiting trial judge. The judge mistakenly told the jury that it could find Duncan guilty on both murder counts, in addition to the voluntary-manslaughter count, for causing the death of Raciel “Chubby” Baldwin. The jury returned three guilty verdicts that included a firearm specification for each count. Duncan was sentenced for the murder count. The state concedes that this was an error.

{¶ 2} Because voluntary…