State v. McOsker, 2017 Ohio 247

On June 12–13, 2015 an outdoor graduation party in Clermont County involved fights and racial epithets; several guests, including the victim Erik Beckelhymer, were involved in altercations and alcohol consumption.
William McOsker (defendant) was present, intervened in a confrontation, was later “sucker punched,” and about an hour afterward tackled Beckelhymer; Beckelhymer was then found with a stab wound to his abdomen requiring surgery.
Witnesses gave varying accounts: some heard McOsker threaten or display a knife; one passenger testified McOsker said “I stabbed him” while leaving and may have thrown a knife from the car; McOsker denied the stabbing to investigators.
McOsker was indicted on two counts of felonious assault (R.C. 2903.11). At trial the jury convicted him; the court merged allied counts and sentenced him to eight years.
McOsker appealed, raising a single issue: the trial court erred by refusing to instruct the jury on the inferior offense of aggravated assault (R.C. 2903.12). The appellate court affirmed.

Issue	Plaintiff's Argument (State)	Defendant's Argument (McOsker)	Held
Whether the trial court erred by refusing to give an aggravated-assault instruction	The evidence did not show legally sufficient provocation to require the instruction	Evidence of racial slurs, prior altercations, and emotional state supported reasonable provocation and warranted an instruction	No error — court held provocation evidence was insufficient as a matter of law and affirmed denial

State v. Mack, 82 Ohio St.3d 198 (1998) (aggravated assault is inferior to felonious assault; provocation requirement explained)
State v. Deem, 40 Ohio St.3d 205 (1988) (tests for inferior-offense instruction and definition of serious provocation)
State v. Shane, 63 Ohio St.3d 630 (1992) (objective then subjective two-step provocation analysis; words alone generally insufficient)
State v. Huertas, 51 Ohio St.3d 22 (1990) (past incidents and cooling-off period negate sufficient provocation)