State v. Kortz
2013 Ohio 121
Ohio Ct. App.2013Background
- The defendant, Shawn W. Kortz, was convicted in Montgomery County Common Pleas Court of felony murder and having a weapon while under disability.
- Evidence showed Hollon died from multiple blunt-force trauma with signs of strangulation after an evening of drinking with Kortz and Johnson at Kortz's Moraine home.
- Hollon's death occurred while Kortz was in the house; Kortz had blood on him and a handgun was found in his car when apprehended in Kentucky.
- Kortz requested jury instructions on involuntary manslaughter, simple assault, and recklessness; the trial court denied.
- The appellate court affirmed, holding no error in denying the lesser-included instruction and that the evidence supported the conviction and its weight.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Instruction on lesser included offenses | Kortz sought involuntary manslaughter/recklessness instructions. | The evidence supported lesser offenses if recklessness applied. | No abuse of discretion; instructions not warranted. |
| Sufficiency of the evidence for felony murder | Evidence showed Kortz knowingly caused serious physical harm. | Involuntary intoxication and causation could negate knowledge. | Legally sufficient evidence supported felony murder. |
| Weight of the evidence | Jury reasonably could find knowledge of causing serious harm. | Alternative explanations (e.g., fall) negate knowledge. | Not against the manifest weight; no miscarriage of justice. |
Key Cases Cited
- State v. Wilson, 2009-Ohio-525 (2d Dist. Montgomery No. 22581, 2009) (standard for lesser-included-offense instructions)
- State v. Johnson, 128 Ohio St.3d 107 (2010-Ohio-6301) (declined to import recklessness into weapon-under-disability statute)
- State v. Lofton, 2012-Ohio-2527 (10th Dist. Franklin No. 11AP-865, 2012) (applies Johnson rationale to similar subsections)
- State v. Jenks, 61 Ohio St.3d 259 (1991) (sufficiency standard; rational trier of fact)
- State v. Thompkins, 78 Ohio St.3d 380 (1997-Ohio-52) (weight-of-the-evidence standard; miscarriage of justice caution)
- State v. LeMasters, 2008-Ohio-2139 (11th Dist. Lake No. 2007-L-129, 2008) (involuntary intoxication as affirmative defense)