State v. McFadden
2014 Ohio 5294
Ohio Ct. App.2014Background
- Gary L. McFadden, II was tried in Marietta Municipal Court on two assault charges (R.C. 2903.13(A)) arising from a July 8, 2013 incident; jury convicted him of one count (Walter Friend) and acquitted on the other (Kimberly Fortney).
- Defense argued the conduct amounted to disorderly conduct by fighting (R.C. 2917.11(A)(1)), a lesser-included offense of assault, and requested a jury instruction on that offense during trial.
- The defense made the request orally; it did not file a written request for the lesser-included instruction as a written submission under Crim.R. 30(A).
- The trial court denied the oral request for the lesser-included instruction; McFadden was sentenced to 60 days in jail and appealed.
- The Fourth District considered whether the trial court erred by refusing the lesser-included instruction and whether the oral-only request complied with Crim.R. 30(A).
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (McFadden) | Held |
|---|---|---|---|
| Whether the trial court erred by refusing to instruct the jury on disorderly conduct (lesser-included) | The court properly refused because defense did not file a written request as required by Crim.R. 30(A) and because the evidence did not support the instruction | The evidence supported a conviction for the lesser offense (disorderly conduct by fighting), so the jury should have been instructed accordingly | Court held no error: Crim.R. 30(A) requires written requests; oral request alone may be denied, so trial court did not abuse discretion |
Key Cases Cited
- State v. Fanning, 1 Ohio St.3d 19 (1982) (special jury instruction must be in writing and made at close of evidence or at such earlier time as court directs)
- State v. Barnes, 94 Ohio St.3d 14 (2002) (test for lesser-included offense under Deem)
- State v. Deem, 40 Ohio St.3d 205 (1988) (three-part test defining lesser-included offenses)
- State v. Adams, 62 Ohio St.2d 151 (1980) (abuse-of-discretion standard explained)
- State v. Roberts, 7 Ohio App.3d 253 (1983) (discussed in context of disorderly conduct as lesser-included offense)