State v. Triplett, 2012 Ohio 3804

Triplett punched the victim outside the Barley House, leading to the victim's death from head injury.
Initial trial resulted in a conviction for felonious assault; involuntary manslaughter verdict could not be reached, causing a mistrial on that count.
Triplett I reversed the felonious assault conviction for improper jury instructions and remanded for a new trial.
A second indictment charged involuntary manslaughter and felonious assault with NPCs and RVOs; retrial commenced October 11, 2011.
Trial court convicted Triplett on both counts and the NPCs/RVOs, imposing a twenty-year sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Speedy-trial rights on retrial	Triplett contends retrial violated RC 2945.71.	Triplett asserts double-counting of time since appellate victory.	First assignment overruled; retrial within reasonable time.
Sufficiency of the evidence	State asserts sufficient proof that Triplett intended serious harm.	Triplett claims insufficient or weighty evidence to prove felonious assault/involuntary manslaughter.	Sufficiency supported; substantial evidence supports both offenses.
Manifest weight of the evidence	State maintains the evidence supports the verdict and credibility determinations.	Triplett argues the verdict is against the weight of the evidence.	Not against the weight; the appellate court defers to the jury on credibility.
Jury instructions and lesser-included offenses	State argues instructions were proper and complete.	Triplett asserts plain error and insufficient consideration of lesser offenses.	No reversible error; proper instruction on deadly/nondeadly force and defenses; no need for reckless homicide instruction.
Batson challenge and juror removal	State acted within Batson framework.	Triplett claims peremptory challenge biased against his race.	Batson challenge overruled; no reversible error.

State v. Fanning, 1 Ohio St.3d 19 (1982) (speedy-trial timing not applicable to retrials after appeal)
State v. Hull, 110 Ohio St.3d 183 (2006) (speedy-trial validity when retrial occurs after counsel availability)
State v. Glover, 35 Ohio St.3d 18 (1988) (jeopardy does not attach when mistrial granted on a charge)
State v. Dykas, 185 Ohio App.3d 763 (2010) (self-defense argument does not negate elements for sufficiency)
State v. Williford, 49 Ohio St.3d 247 (1990) (instructional discretion on force defenses; deadly vs nondeadly)
State v. Henderson, 8th Dist. No. 89377, 2008-Ohio-1631 (2008) (standard for lesser-included offense instructions; abuse-of-discretion review)
State v. Collins, 8th Dist. No. 95415, 2011-Ohio-3241 (2011) (standard for when a lesser-included offense instruction is warranted)
State v. Kalish, 120 Ohio St.3d 23 (2008) (Kalish two-step sentencing review framework)
State v. Foster, 109 Ohio St.3d 1 (2006) (sentencing framework and reexamination of prior regimes)
State v. Hodge, 128 Ohio St.3d 1 (2010) (reaffirmation of sentencing standards post-Foster)