State v. Ross
2011 Ohio 3197
Ohio Ct. App.2011Background
- Death of infant John Ross, III; Ross II charged with multiple counts including aggravated murder and murder; conviction obtained for reckless homicide as a lesser included offense and for other counts; post-release control issue arose after sentencing; remand and re-sentencing occurred to correct post-release control notice; appellate court remands for Johnson conduct-based allied-offense analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the offenses of murder, felonious assault, and endangering children are allied offenses of similar import. | Ross argues the offenses share a single animus and must merge. | Court must determine alliance under Johnson's conduct-based test. | Remand to apply Johnson; no merger ruling yet. |
Key Cases Cited
- State v. Johnson, 128 Ohio St.3d 153 (2010-Ohio-6314) (adopts conduct-based approach to allied offenses under R.C. 2941.25)
- State v. Rance, 85 Ohio St.3d 632 (1999) (elements-based approach rejected; overruled by Johnson)
- State v. Williams, 124 Ohio St.3d 381 (2010-Ohio-147) (abandoned elements approach; relied on Rance prior to Johnson)
- State v. Underwood, 124 Ohio St.3d 365 (2010-Ohio-1) (plain-error analysis in allied-offense sentencing)