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State v. Hope
Ohio Court of Appeals
2019 Ohio 2174, 137 N.E.3d 549 (2019)
Facts
Shawn Hope (defendant) was playing cards at the home of Alicia Binion, her cousin John Paul Kellar, and Kellar’s fiancée, Tabitha Powell. Hope made advances toward Powell and Binion, causing an argument between Hope and Kellar, which lasted a few minutes before being resolved and the men began joking with each other. Binion eventually asked Hope to leave, and he did. The following day, Binion, Powell, and Kellar were all at home, and Powell was rubbing Kellar’s feet in the bedroom. At approximately 6:30 p.m., Hope knocked on the door. Kellar told a reluctant Binion to answer the door, which she did. Hope came in, asked where Kellar and Powell were, and began walking toward the bedroom. Kellar came out to meet him. Hope suddenly removed a gun from his coat pocket and shot Kellar twice in the chest at close range. Hope then said, “Who’s the bitch now?” and kicked Kellar, who died from multiple gunshot wounds. A jury convicted Hope of aggravated murder. Hope was sentenced to 25 years to life. Hope appealed, arguing the evidence was insufficient to support his conviction, specifically that there was a lack of evidence of prior calculation and design.
Rule of Law
Issue
Holding and Reasoning (Trapp, J.)
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