finding trial court did not err by refusing to give supplemental and modified jury instructions in response to questions from the jury during their deliberations relating to failure to act language in causation instruction where inclusion of that language was not prejudicial on the record
How later courts described this case
- finding trial court did not err by refusing to give supplemental and modified jury instructions in response to questions from the jury during their deliberations relating to failure to act language in causation instruction where inclusion of that language was not prejudicial on the record
Written by the judges who cited it.
The opinion
[Cite as State v. Overton, 128 Ohio St.3d 353, 2011-Ohio-740.]
THE STATE OF OHIO, APPELLEE, v. OVERTON, APPELLANT.
[Cite as State v. Overton, 128 Ohio St.3d 353, 2011-Ohio-740.]
Discretionary appeal accepted on Proposition of Law No. II, judgment of the
court of appeals vacated in part, and cause remanded to the court of
appeals for application of State v. Johnson.
(No. 2010-2072 — Submitted February 1, 2011 — Decided February 22, 2011.)
APPEAL from the Court of Appeals for Franklin County, No. 09AP-858,
2010-Ohio-5256.
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{¶ 1} The discretionary appeal is accepted on Proposition of Law No. II.
{¶ 2} The portion of the judgment of the court of appeals addressing
appellant’s eighth assignment of error below is vacated on the authority of State v.
Johnson, 128 Ohio St.3d 153, 2010-Ohio-6314, 942 N.E.2d 1061, and the cause is
remanded to the court of appeals for application of our decision in State v.
Johnson.
O’CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O’DONNELL,
LANZINGER, CUPP, and MCGEE BROWN, JJ., concur.
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Ron O’Brien, Franklin County Prosecuting Attorney, and Seth L. Gilbert,
Assistant Prosecuting Attorney, for appellee.
Yeura R. Venters, Franklin County Public Defender, and Allen V. Adair,
Assistant Public Defender, for appellant.
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