State v. Miller, 2023 Ohio 3935

On June 25, 2021, Dakota C. stopped to assist a silver car on State Route 4; its driver, Roshawn J. Miller, fired five shots at Dakota’s vehicle, one bullet striking Dakota in the back. The parties were strangers.
Miller was indicted on Attempted Murder (with firearm specification), Felonious Assault (later dismissed), and Having Weapons While Under Disability.
Miller pleaded not guilty by reason of insanity (NGRI) and challenged competency; two competency evaluators found him competent. A third evaluation was requested but not in the record.
At a two-day bench trial, the court found Miller guilty of Attempted Murder with a firearm specification and Having Weapons While Under Disability. Ballistics matched a Taurus .45 recovered from under Miller’s driver-side seat; Miller’s DNA was on the trigger.
Miller was mostly nonverbal after arrest and at the hospital; officers/nurses testified he appeared to understand commands. The State introduced Miller’s prior robbery conviction to establish disability.
Sentence: indefinite 10–15 years (Attempted Murder), consecutive 3 years (firearm spec), concurrent 18 months (weapons-under-disability). Miller appealed on three grounds.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether convictions were against the manifest weight of the evidence	Evidence (victim ID, ballistics, DNA, spent casings, firearm under seat) supports purposeful shooting and possession while under disability	Miller lacked requisite intent/knowledge due to silence/demeanor, mental illness or intoxication, and absence of motive	Affirmed — weight of evidence supports convictions; purposeful intent can be inferred from firing five shots at close range; possession shown by recovered firearm and prior felony
Whether Miller proved NGRI by a preponderance	State: Miller failed to introduce medical evidence at trial showing he did not know wrongfulness; competency evals not in trial record	Miller: severe mental disease/defect rendered him unable to know wrongfulness at the time of offense	Affirmed — NGRI not proven; no medical testimony or evidence at trial to establish the defense
Whether the Reagan Tokes Act is unconstitutional	State: statute constitutional under Ohio Supreme Court precedent	Miller: statute violates separation of powers, jury-trial right, due process, and state constitutional provisions	Affirmed — court follows State v. Hacker holding Reagan Tokes constitutional

State v. Thompkins, 78 Ohio St.3d 380 (1997) (standard for reviewing manifest-weight claims)
State v. DeHass, 10 Ohio St.2d 230 (1967) (deference to factfinder on witness credibility)
State v. Harris, 142 Ohio St.3d 211 (2015) (NGRI is an affirmative defense to be proven by a preponderance)
State v. Shue, 97 Ohio App.3d 459 (1994) (purpose may be inferred from natural and probable consequences of an act)
State v. Robinson, 161 Ohio St. 213 (1954) (earlier precedent recognizing inference of purpose from consequences)