Legal Opinion

State v. Evans

Ohio Supreme Court

Decided July 7, 2009No. 2008-0363PublishedCited by 136 opinions

1Opinion of the CourtO’Donnell, J.

{¶ 1} In this matter, we are called upon to determine whether robbery is a lesser included offense of aggravated robbery. In resolving that issue, it is necessary to revisit the test for lesser included offenses set forth in State v. Deem (1988), 40 Ohio St.3d 205, 533 N.E.2d 294.

{¶ 2} On November 18, 2005, Catrice Stewart drove to the Collinwood Village Food Mart on St. Clair Avenue at London Road, in Cleveland, Ohio. After she parked her car and began walking toward the store, Timothy Evans approached her from behind, grabbed her purse, and yelled, “Give me this purse, bitch,” and upon her…

2Cases cited27 opinions

  1. Hamling v. United StatesSupreme Court of the United States · 1974
  2. State v. BarnesOhio Supreme Court · 2002
  3. Rogers v. TennesseeSupreme Court of the United States · 2001
  4. State v. DeemOhio Supreme Court · 1988
  5. State v. ThomasOhio Supreme Court · 1988

22 more not listed; retrieve them via the Exa API.

3Cited by136 opinions

  1. State v. Adams (Slip Opinion)Ohio Supreme Court · 2015
  2. State v. DeandaOhio Supreme Court · 2013
  3. State v. Owens (Slip Opinion)Ohio Supreme Court · 2020
  4. State v. RogersOhio Court of Appeals · 2013
  5. State v. FrazierOhio Court of Appeals · 2016

131 more not listed; retrieve them via the Exa API.

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