2020 Ohio 4748
Ohio Ct. App.2020Background
- At a gas-station deli Phillips (defendant) on FaceTime was confronted by brothers Francisco and Roger Ashley, who made threats and blocked aisles shown on surveillance video.
- Francisco and Roger had been drinking; both threatened Phillips and impeded his exit from the store.
- Phillips pulled a handgun from his right pocket, held it at his side, and did not initially point it at anyone.
- Roger lunged toward Phillips; Phillips raised the gun and shot Roger in the back.
- Trial court instructed the jury on self-defense but denied Phillips’s request to instruct on voluntary manslaughter (and refused inferior-offense instructions).
- Jury convicted Phillips of murder and related weapons offenses; he appealed arguing the trial court should have instructed on manslaughter and aggravated assault.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court erred by refusing a voluntary manslaughter instruction | Evidence did not show "sudden passion" or "fit of rage" provoked by the victim; words/fear insufficient — trial court properly denied the instruction | Threats and blocking of exits provoked Phillips; jury could reasonably find provocation sufficient to reduce murder to voluntary manslaughter | No error: objective and subjective provocation standards not met; self-defense instruction appropriate; manslaughter instruction not warranted |
| Whether court erred by not instructing on involuntary manslaughter/aggravated assault | Appellee: not reversible — appellant failed to present argument on these offenses on appeal | Phillips claimed these lesser offenses should have been given but did not develop legal argument in brief | Waived/disregarded: appellate rule requires argument; failure to brief the theories forfeited review |
Key Cases Cited
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse-of-discretion standard for trial-court rulings)
- State v. Thomas, 40 Ohio St.3d 213 (1988) (standard for when a lesser-included/offense instruction is required)
- State v. Monroe, 105 Ohio St.3d 384 (2005) (court views evidence in the light most favorable to the defendant when deciding on lesser-offense instructions)
- State v. Shane, 63 Ohio St.3d 630 (1992) (voluntary manslaughter requires objective and subjective proof of reasonably sufficient provocation)
- State v. Tyler, 50 Ohio St.3d 24 (1990) (definition of inferior offense vis-à-vis mitigating elements)
- State v. Deem, 40 Ohio St.3d 205 (1988) (framework for inferior/lesser-included offenses)