Legal Opinion · Dissent

State v. White

Ohio Supreme Court

Decided February 18, 2015No. 2013-0109Published

1DissentLanzingek, J.

{¶ 81} I respectfully dissent, as I would reverse the judgment of the court of appeals and would reinstate the jury verdict in this case finding the defendant, Thomas Caine White, guilty of felonious assault with a firearm specification. I believe that the trial court did not abuse its discretion either in issuing its jury instructions or by excluding White’s testimony on the crimes that he believed Michael McCloskey Jr. had committed. I would further hold that the firearm specification applies to White in this case.

Additional Factual Background

{¶ 82} The tragedy in this case is that during a…

2Cases cited4 opinions

  1. Graham v. ConnorSupreme Court of the United States · 1989
  2. Tennessee v. GarnerSupreme Court of the United States · 1985
  3. State v. ComenOhio Supreme Court · 1990
  4. People v. KhouryMichigan Court of Appeals · 1989

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