State v. Hipshire, 2011 Ohio 3863

Hipshire, charged with involuntary manslaughter and knowingly failing to provide for a functionally impaired person, appeals from a conviction and four-year sentence for involuntary manslaughter and a separate one-year sentence for the latter offense.
Mary Anne Hipshire died in February 2009; police found a deteriorating, dog-accessible home with numerous animals and no running water; the immediate cause of death was dehydration with renal failure, and sepsis contributed.
Corroborating medical testimony showed Mary Anne had longstanding health decline after a January 2009 car crash; the coroner deemed the death a homicide due to lack of adequate care, while a pathologist offered an opposing opinion that the deaths were due to infections and potential natural progression.
Hipshire had nursing training and previously worked as a nurse; he claimed he checked on his wife and urged hospital treatment, but Mary Anne largely stayed in bed and relied on him for care.
The trial court refused to instruct on Reckless Homicide, and Hipshire was convicted of Involuntary Manslaughter under a theory that he knowingly failed to provide care that resulted in death; predation by animals occurred post-mortem and did not cause death.
On appeal, the court holds that Reckless Homicide is a lesser-included offense of Involuntary Manslaughter and that the evidence could support a conviction for Reckless Homicide instead; the merger issue becomes moot as a result, and remand is ordered.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred by not instructing on Reckless Homicide	Hipshire argues Reckless Homicide is a lesser-included offense of Involuntary Manslaughter.	State argues no legal basis to treat Reckless Homicide as lesser-included given the underlying felony framework.	Trial court erred; Reckless Homicide instructed as lesser-included offense.
Whether the offenses should have been merged	Hipshire contends Involuntary Manslaughter and the related offense should merge.	State contends no mandatory merger issue depending on conviction/sentence.	Moot; merger issue resolved by reversal of Involuntary Manslaughter conviction.

State v. Deem, 40 Ohio St.3d 205 (Ohio Supreme Court 1988) (defines lesser-included offenses test)
State v. Evans, 122 Ohio St.3d 381 (Ohio Supreme Court 2009) (modifies Deem standard)
State v. Trimble, 2009-Ohio-2961 (Ohio Supreme Court 2009) (re: lesser-included offenses in complex homicide cases)
State v. Wright, 2002-Ohio-1462 (Ohio App. 4th Dist. 2002) (recognizes Reckless Homicide as lesser-included of murder)
State v. Carlisle, 2009-Ohio-6004 (Montgomery App. 2009) (concerning lesser offenses in homicide context)
Shaker Heights v. Mosely, 113 Ohio St.3d 329 (Ohio 2007) (standard for instructing on lesser-included offenses)