State v. Wine (Slip Opinion)
140 Ohio St. 3d 409
| Ohio | 2014Background
- Wine was indicted for rape (1st-degree felony) based on alleged penetration by his finger while the victim slept.
- Defense presented an all-or-nothing theory, asserting Wine was never in the room and no sexual conduct occurred.
- The trial court instructed on lesser-included offenses (sexual battery and gross sexual imposition) over Wine's objections.
- Jury found not guilty of rape and sexual battery but guilty of gross sexual imposition; Wine was sentenced.
- Appellate court upheld the lesser-included-offense instructions; trial strategy was not controlling over instructional discretion.
- Ohio Supreme Court granted discretionary review to resolve whether a defendant may prevent lesser-included-offense instructions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a defendant may prevent lesser-included-offense instructions | Wine: rights to waive; all-or-nothing defense. | State: trial court discretion governs instructions. | Defendant lacks right to block lesser-included instructions. |
| When lesser-included offenses must be instructed | Wine's evidence may not support lesser offenses. | Evidence could warrant conviction on lesser offense. | Give lesser instructions if any reasonable view supports guilt on lesser offense. |
| Effect of Clayton footnote on waiver of instructions | Clayton allows waiving lesser-offense instructions. | Clayton controls waiver as trial strategy. | Clayton footnote does not give right to prevent instructions; strategy not dispositive. |
Key Cases Cited
- State v. Kilby, 50 Ohio St.2d 21 (Ohio 1977) (lesser-included-offense inquiry hinges on evidence)
- State v. Nolton, 19 Ohio St.2d 133 (Ohio 1969) (new Nolton rule on complete defense and lesser offenses)
- State v. Wilkins, 64 Ohio St.2d 382 (Ohio 1980) (clarified Nolton; evidence quality governs instructions)
- State v. Loudermill, 2 Ohio St.2d 79 (Ohio 1965) (liberty not to be compromised by a compromised verdict)
- State v. Solomon, 66 Ohio St.2d 214 (Ohio 1981) (all-or-nothing defense does not bar lesser-offense instruction when warranted)
- State v. Clayton, 62 Ohio St.2d 45 (Ohio 1980) (footnote on waiver does not create right to block instructions)
- State v. Thomas, 40 Ohio St.3d 213 (Ohio 1988) (test for when lesser offenses may be instructed)