State v. Davis, 2012 Ohio 1440

Tyran Davis killed Steven Myers; jury acquitted him of murder but found him guilty of felony murder via felonious assault and felonious assault with a firearm specification, resulting in an 18-years-to-life sentence.
Events occurred Oct. 8, 2010 at Wilbeth-Arlington Homes, involving Davis’s sister Denika, other relatives, and Myers; Myers allegedly attacked people and taunted Davis.
Davis and companions engaged in multiple altercations with Myers’ group; a confrontation culminated in shots fired at Myers after a reported provocation involving Ms. Downing.
During voir dire, the State peremptorily struck an African-American juror; Davis objected under Batson; the trial court allowed the strike after race-neutral explanations were offered.
Davis sought a voluntary manslaughter instruction; the court declined, reasoning provocation did not meet the objective prong; Davis did not request other lesser-included offenses.
At sentencing, the court merged felonious assault with felony murder but imposed separate sentences, which this court later found to be plain error and remanded for resentencing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the Batson challenge properly resolved?	Davis argued the strike of the African-American juror was racially motivated.	State asserted the reasons were race-neutral and not indicative of discrimination.	Batson challenge overruled; no clearly erroneous or weightful finding of discrimination.
Whether voluntary manslaughter instruction was required for the felony-murder via felonious assault charge.	Davis contends provocation evidence justified a voluntary manslaughter instruction.	State argued no sufficient provocation tying to voluntary manslaughter in relation to the charged offenses.	No entitlement to instruction for felony murder; any error as to the murder charge was harmless; no instruction for related unindicted offenses needed.
Is the trial court’s imposition of multiple sentences for allied offenses plain error?	Counts for felonious assault and felony murder should have merged for sentencing.	No plain error in sentencing; proper practice followed.	Plain error to impose multiple sentences; remand for resentencing.

Batson v. Kentucky, 476 U.S. 79 (1986) (racial discrimination in peremptory challenges prohibited)
State v. Were, 118 Ohio St.3d 448 (2008) (three-step Batson framework to assess strikes)
State v. Bryan, 101 Ohio St.3d 272 (2004) (prima facie case and race-neutral explanations; ultimate standard for discrimination)
State v. Murphy, 91 Ohio St.3d 516 (2001) (context for Batson steps and discriminatory intent findings)
State v. Deem, 40 Ohio St.3d 205 (1988) (categories of lesser offenses; limitations on instructions)
State v. Shane, 63 Ohio St.3d 630 (1992) (voluntary manslaughter as inferior-degree offense to murder)
State v. Tyler, 50 Ohio St.3d 24 (1990) (elements of murder and provocation considerations)
State v. Underwood, 124 Ohio St.3d 365 (2010) (allied offenses merging; plain-error sentencing rule)