Legal Research

"Recent Ohio Supreme Court Decisions"

Court Rules Crime of Robbery is 'Lesser Included Offense' of Aggravated Robbery

From the site: "2008-0363.  State v. Evans, Slip Opinion No. 2009-Ohio-2974.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-2974.pdf

(July 7, 2009) The Supreme Court of Ohio ruled today that the crime of robbery, as defined in R.C. 2911.02(A)(2),  is a "lesser included offense" of the crime of aggravated robbery, as defined it R.C. 2911.01(A)(1).

In a 7-0 decision authored by Justice Terrence O'Donnell, the Court clarified its 1988 ruling in State v. Deem by stating that, in determining whether an offense is a lesser included offense of another, a court must consider (1) whether one offense carries a greater penalty than the other; (2) whether some element of the greater offense is not required to prove commission of the lesser offense; and (3) whether the greater offense as statutorily defined cannot be committed without the lesser offense as statutorily defined also being committed..."

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Robbery and Aggravated Robbery, Armed and Unarmed Assault Are 'Allied Offenses' That Must be Consolidated

From the site: "2007-1812. State v. Harris, Slip Opinion No. 2009-Ohio-3323.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-3323.pdf

(July 7, 2009) The Supreme Court of Ohio ruled today that the crime of robbery, as defined in R.C. 2911.02(A)(2),  and aggravated robbery, as defined in R.C. 2911.01(A)(1), are "allied offenses of similar import" and therefore a defendant cannot be convicted of both offenses when both are committed with the same animus (wrongful purpose) against the same victim..." 

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Full text and active links are available at the source site listed below.

Source: The Supreme Court of Ohio, 7 July 2009

Full post as published by Stark County Law Library Blawg on July 08, 2009 (boomark / email).