State v. Perkins
2025 Ohio 2390
Ohio Ct. App.2025Background
- Dennis S. Perkins was indicted in Wyandot County, Ohio, on three counts: Felonious Assault, Abduction, and Domestic Violence, involving his wife, Teresa, after an incident in October 2023.
- At trial, Teresa testified about being physically assaulted by Perkins following arguments over alleged infidelity, resulting in significant injuries verified by medical professionals and witnessed by neighbors.
- The state's evidence included testimony from law enforcement, a nurse, an expert on domestic violence, and Perkins's ex-wife, who described a prior similar assault.
- Perkins denied causing Teresa's injuries, testifying that she sustained them in West Virginia before returning home, and argued the events at issue involved a minor argument and no violence.
- The jury found Perkins guilty of Felonious Assault and Domestic Violence, not guilty of Abduction; the offenses merged for sentencing, and Perkins received 8-12 years in prison on Felonious Assault.
- On appeal, Perkins argued the trial court erred by not instructing the jury on the lesser included offense of Aggravated Assault, claiming there was sufficient evidence of provocation.
Issues
| Issue | Perkins's Argument | State's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by failing to instruct the jury on Aggravated Assault as an inferior degree offense to Felonious Assault | Evidence of Perkins acting under sudden passion due to belief in infidelity warranted the instruction | No sufficient evidence of serious provocation to require the instruction; Perkins’s belief was unsubstantiated and not caused by any reasonable provocation by the victim | Court affirmed the trial court: insufficient evidence of provocation; no error in not giving the instruction |
Key Cases Cited
- State v. Lessin, 67 Ohio St.3d 487 (Ohio 1993) (trial court has discretion whether evidence warrants a particular jury instruction)
- State v. Deem, 40 Ohio St.3d 205 (Ohio 1988) (defines Aggravated Assault as an "inferior degree" offense requiring serious provocation)
- State v. Shane, 63 Ohio St.3d 630 (Ohio 1992) (holding that even a confession of infidelity is not sufficient provocation for aggravated assault)
- State v. Underwood, 3 Ohio St.3d 12 (Ohio 1983) (failure to object to jury instructions waives the issue on appeal unless plain error is shown)