State v. Van Gundy

Amicus curiae initially contends that the definition of “reasonable doubt” set forth in R.C. 2901.05 unconstitutionally dilutes the requirement that the state prove guilt beyond a reasonable doubt. In State v. Nabozny (1978), 54 Ohio St.2d 195, 8 O.O.3d 181, 375 N.E.2d 784, at paragraph two of the syllabus, this court held:

“The definition of ‘reasonable doubt’ set forth in R.C. 2901.05 correctly conveys the concept of reasonable doubt and, therefore, is not an unconstitutional dilution of the state’s requirement to prove guilt beyond a reasonable doubt.”

This contention, therefore, is without…