State v. Deem

40 Ohio St. 3d 205 (1988)

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State v. Deem

Ohio Supreme Court
40 Ohio St. 3d 205 (1988)

  • Written by Sharon Feldman, JD

Facts

Robert Deem (defendant) and Kandace Shauck had a stormy relationship. They lived together for one-and-a-half years, separated, reconciled, and filed criminal charges against each other. One day, Deem waited in his car for Shauck to drive by, followed her car, and motioned for her to pull over. Their cars bumped. There were conflicting accounts of which car bumped the other first. Deem eventually forced Shauck into a ditch. When Shauck refused to open her window, Deem broke the window with a hammer. Deem maintained he fled, but witnesses saw Deem repeatedly stab Shauck. Deem was charged with felonious assault. The trial court would not permit Deem to present expert testimony on provocation and denied Deem’s request for a jury instruction on aggravated assault as a lesser included offense. Deem was convicted. The court of appeals reversed, finding aggravated assault to be a lesser included offense of felonious assault. The state (plaintiff) appealed.

Rule of Law

Issue

Holding and Reasoning (Holmes, J.)

Concurrence/Dissent (Sweeney, J.)

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