State v. Bowen
2017 Ohio 2879
| Ohio Ct. App. | 2017Background
- Defendant Frank L. Bowen was tried by jury and convicted of murder, gross abuse of a corpse, tampering with evidence, and safecracking; aggregate sentence 18 years to life.
- Bowen’s murder conviction was predicated on Ohio’s felony-murder statute (R.C. 2903.02(B)) using felonious assault as the underlying felony.
- Bowen argued that when felonious assault is the predicate felony, felony murder effectively swallows purposeful murder because all purposeful killings include an assault; he relied on Illinois v. Morgan.
- Bowen conceded this court’s prior adverse rulings (State v. Mays; State v. Slaughter) but asked the court to revisit them in light of Morgan.
- The trial court and the appellate panel examined Ohio law and Ohio Supreme Court precedent upholding felony-murder convictions where felonious assault was the predicate offense.
- The court declined to adopt the independent-felony/merger doctrine urged by Bowen and affirmed the convictions and sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether felony murder may use felonious assault as the predicate felony | State: Ohio law allows felony murder based on an underlying felony of violence without requiring intent to kill | Bowen: Using felonious assault as the predicate eliminates the separate crime of purposeful murder because purposeful killings necessarily include an assault (relying on Morgan) | The court rejected Bowen’s claim and affirmed that Ohio permits felony murder based on felonious assault; no merger/independent-felony rule adopted |
Key Cases Cited
- State v. Miller, 96 Ohio St.3d 384, 775 N.E.2d 495 (Ohio 2002) (Ohio Supreme Court upheld felony-murder conviction where felonious assault was the underlying offense)
- Illinois v. Morgan, 197 Ill.2d 404, 758 N.E.2d 813 (Ill. 2001) (held predicate felony must have an independent felonious purpose; acts inherent in murder cannot serve as predicate felonies)
- Illinois v. Davison, 236 Ill.2d 232, 923 N.E.2d 781 (Ill. 2010) (followed Morgan in limiting predicate felonies that are inherent in the murder)