State v. Nolan (Slip Opinion), 141 Ohio St. 3d 454

Defendant Bobby D. Nolan was convicted by a jury of attempted felony murder, felonious assault, and possessing a firearm while under a disability.
On direct appeal the court of appeals initially rejected Nolan’s three assignments of error, but ordered supplemental briefing on whether attempted felony murder is a cognizable offense when no death results.
The court of appeals concluded attempted felony murder is a "logical impossibility" and reversed Nolan’s attempted-felony-murder conviction, remanding the case.
The State appealed to the Ohio Supreme Court, arguing that the appellate decision conflicted with State v. Williams.
The Ohio Supreme Court granted review to resolve whether attempted felony murder is a viable offense under Ohio law.
The Supreme Court affirmed the court of appeals, holding that attempted felony murder is not a cognizable crime in Ohio because attempt requires purposeful or knowing conduct but felony murder requires no intent to kill.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether "attempted felony murder" is a cognizable offense in Ohio	The State: conviction for attempted felony murder is permissible and not inconsistent with prior precedent	Nolan: conviction impossible because felony murder requires a resultant death and no death occurred	The court: Attempted felony murder is not cognizable; one cannot intentionally attempt to cause an unintended death

State v. Williams, 124 Ohio St.3d 381, 922 N.E.2d 937 (Ohio 2010) (addressed related homicide/attempt issues but did not consider attempted felony murder)
State v. Miller, 96 Ohio St.3d 384, 775 N.E.2d 498 (Ohio 2002) (felony-murder doctrine imputes intent; intent to kill not required)
State v. Fry, 125 Ohio St.3d 163, 926 N.E.2d 1239 (Ohio 2010) (R.C. 2903.02(B) lacks a mens rea component)
People v. Hernandez, 82 N.Y.2d 309 (N.Y. 1993) (explains transferred intent and felony-murder rationale)