Legal Opinion · Dissent

State v. Perdue

Ohio Court of Appeals

Decided June 24, 2003No. 00 CA 244Published

1DissentWaite, Presiding Judge

{¶ 23} I believe that the record contains sufficient evidence to support the elements of the crime of voluntary manslaughter. Furthermore, I do not believe that appellant can challenge the jury’s decision on grounds of insufficient evidence of “heat of passion” or mitigating circumstances when the jury’s decision benefited him. The evidence showed that appellant committed the elements of the crime of murder, but the jury decided to convict appellant of the inferior-degree crime of voluntary manslaughter. In this appeal, appellant essentially argues that he is guilty of a worse crime than he…

2Cases cited30 opinions

  1. Tanner v. United StatesSupreme Court of the United States · 1987
  2. State v. LaMarOhio Supreme Court · 2002
  3. State v. ClaytonOhio Supreme Court · 1980
  4. State v. DeemOhio Supreme Court · 1988
  5. State v. YarbroughOhio Supreme Court · 2002

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