State v. Lampley, 2011 Ohio 3814

Appellant Thomas J. Lampley was convicted in Richland County Court of Common Pleas of four counts: two murder counts under R.C. 2903.02(A),(B) with firearm specifications, one count of having a weapon under disability, and one count of tampering with evidence.
The incidents began on August 28, 2009 at the Mary McLeod Bethune Center parking lot, involving an argument between Appellant and LaShona Bronson and her husband, J.B. Bronson, after Appellant allegedly nearly struck Bronson with a vehicle and called her a derogatory name.
Bronson notified her husband; later, J.B. Bronson and associate Danny McClain confronted Appellant; Appellant retrieved a firearm from a MBCC van and fatally shot J.B. Bronson.
Appellant was indicted on four counts, including murder with a firearm specification, murder with a firearm specification for another theory, having a weapon under disability, and tampering with evidence.
The jury found Appellant guilty on all counts and the court imposed a sentence of 25 years to life, with merging of counts 1 and 2 and consecutive terms for the remaining counts and firearm specifications.
Appellant timely appealed, challenging the trial court’s failure to instruct on the lesser-included offense of involuntary manslaughter.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court improperly refused to instruct on involuntary manslaughter as a lesser-included offense.	Lampley argues the evidence could support a voluntary acquittal on murder and conviction on involuntary manslaughter.	State contends evidence did not permit a reasonable finding of innocence on murder combined with guilt on involuntary manslaughter; no instruction required.	No error; instruction not required; evidence insufficient for lesser offense.

State v. Wilkins, 64 Ohio St.2d 382 (1980) (test for instructing on lesser included offenses; complete defense required for not instructing)
State v. Nolton, 19 Ohio St.2d 133 (1969) (if lesser offense could sustain conviction, instruction warranted)
State v. Fox, 31 Ohio St.2d 58 (1972) (early framing of lesser included offenses when defense could negate elements)
State v. Deem, 40 Ohio St.3d 205 (1988) (definition and criteria for lesser included offenses)
State v. Williford, 49 Ohio St.3d 247 (1990) (requirement to instruct when evidence could support lesser offense)
State v. Thomas, 40 Ohio St.3d 213 (1988) (standard: instruction needed if evidence could acquit on greater and convict on lesser)
State v. Wolons, 44 Ohio St.3d 64 (1989) (abuse of discretion standard for jury instructions)
Loudermill, 2 Ohio St.2d 79 (1965) (jurors should not be led to speculate by improper instruction)
Bandy v. State, 102 Ohio St. 384 (1921) (permitting lesser offense instruction when appropriate to elements)