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October 8, 2021
How would you expect an Ohio version of the Berry case to come out?
A case with facts reasonably similar to the facts in the Berry murder/manslaughter case in our text was litigated all the way up to the Supreme Court of Ohio in State v. Shane, 63 Ohio St.3d 630, 590 N.E.2d 272 (1992). Here are the facts in the Shane case:
At approximately 6:00 a.m. on October 13, 1989, appellant, Robert Shane II, made a telephone call to the New Philadelphia Police Department to report the death of his fiancee, Tina Wagner. Shane told the police officer who answered the phone, "I'm the one who did it ... she just drove me crazy and I choked her." Police officers soon responded to the scene, which was an apartment shared by Shane, Wagner, and the couple's infant child. When the officers entered the apartment, they discovered Wagner's nearly nude body lying on a bed; a red shirt was wrapped tightly around the victim's throat. An autopsy revealed that Wagner had died of asphyxiation by strangulation. Tests done on the victim's body revealed a urine alcohol content of 0.27 grams per deciliter.
Shane was indicted on one count of murder, a violation of R.C. 2903.02, to which he entered a plea of not guilty. Testifying in his own defense at the trial, Shane again admitted that he had killed Wagner, but told the jury of statements Wagner had made to him immediately prior to the incident, which upset him greatly. Shane stated that Wagner told him she had been sleeping with other men and that she no longer cared for him. Shane testified, "I have never felt more upset and more mad with anyone [in] my entire life." Shane further testified that after he became so upset, the next thing he remembered was "coming to" after having passed out and finding himself lying on the bed with Wagner underneath him.
How do you think the Supreme Court of Ohio applied Ohio's particular version of voluntary manslaughter rule on these facts? The Shane case provides a helpful account of how Ohio courts look at the issue of provocation, and here some of the general discussion of the law from the Shane court:
An inquiry into the mitigating circumstances of provocation must be broken down into both objective and subjective components. In determining whether the provocation is reasonably sufficient to bring on sudden passion or a sudden fit of rage, an objective standard must be applied. Then, if that standard is met, the inquiry shifts to the subjective component of whether this actor, in this particular case, actually was under the influence of sudden passion or in a sudden fit of rage. It is only at that point that the emotional and mental state of the defendant and the conditions and circumstances that surrounded him at the time must be considered. If insufficient evidence of provocation is presented, so that no reasonable jury would decide that an actor was reasonably provoked by the victim, the trial judge must, as a matter of law, refuse to give a voluntary manslaughter instruction. In that event, the objective portion of the consideration is not met, and no subsequent inquiry into the subjective portion, when the defendant's own situation would be at issue, should be conducted.
The Shane court is the last major Ohio Supreme Court discussion of voluntary manslaughter in the context of a domestic dispute, but this issue continues to arise in lower courts. And for an interesting debate over how Shane should be applied on a slightly different set of facts, you might consider the work of the Ohio Eleventh District Court of Appeals in State v. Wagner, 2007 Ohio 3016 (Ohio Ct. App. 2007), in which the appellate panel divided over the appropriateness of a voluntary manslaughter instruction in another case involving a husband killing his wife amid heated discussions of infidelity.
October 8, 2021 in Course materials and schedule, Notable real cases | Permalink
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