State v. Smith
2010 Ohio 5953
Ohio Ct. App.2010Background
- Appellant Rexford Smith was convicted by a Scioto County jury of murder (felony of the first/second degree proximate to an underlying felony) and felonious assault.
- Indictment originally alleged the offenses occurred on or about June 7, 2009; a July 24, 2009 bill of particulars also stated June 7.
- On the morning of trial, the State moved to amend the indictment to assert the offenses occurred on or about June 6, 2009; the trial court granted the amendment.
- Appellant objected but did not request a continuance or alibi relief; he presented a causation defense that the death resulted from an earlier fight with another person.
- The victim, Mark Wells, died June 9, 2009, after suffering blunt force head trauma; evidence included witnesses describing the fight and boot-wearing, and a pathologist linked Wells’s death to the injuries.
- Appellant argued involuntary manslaughter should have been instructed as a lesser-included offense; the trial court refused.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the indictment amendment on the trial date violated due process | Smith | Smith argues the date change misled the defense and altered the crime | Overruled; amendment did not change the crime's identity. |
| Whether the trial court erred by not instructing involuntary manslaughter | Smith | Smith contends evidence supported lesser offense | Overruled; no reasonable basis to convict of involuntary manslaughter and acquit of murder. |
Key Cases Cited
- State v. Evans, 2010-Ohio-2554 (Scioto App.) (amendments changing date do not alter offense identity; abuse of discretion standard)
- State v. Kittle, 2005-Ohio-3198 (Athens App.) (amendment must not change name or identity of crime; if so, reversible)
- State v. Vitale, 96 Ohio App.3d 695 (Meigs App.) (date-only Amendment not changing substance; apply Crim.R. 7(D))
- State v. Quivey, 2005-Ohio-5540 (Meigs App.) (amendment of date within same offense is permissible)
- State v. Wright, 2002-Ohio-1462 (Scioto App.) (two-tier test for lesser-included instruction; sufficiency of evidentiary support)
- State v. Endicott, 1994-Ohio-3d 688 (Ohio App.3d) (guide for lesser-included offense analysis)
- State v. Campbell, 1994-Ohio St.3d 38 (Ohio Sup.) (instruction on lesser-included offenses)
- State v. Johnson, 1978-Ohio St.2d 35 (Ohio Sup.) (presumption of intent from serious physical harm)