State v. Kroesen
Ohio Court of Appeals
2000 WL 1715764 (2000)
- Written by Sharon Feldman, JD
Facts
Jason Kroesen (defendant) and Ron Groves were visiting friends of Groves. Kroesen, Groves, and Carrie Weinmiller spent an afternoon ingesting cocaine and marijuana. That evening, upon returning from a bar, Groves took a telephone call that Kroesen believed was from Kroesen’s former girlfriend. According to Groves, when he tried to explain to Kroesen that the call was not from Kroesen’s ex-girlfriend, Kroesen pulled out a knife and forced Groves downstairs to check the caller-identification machine. Kroesen then forced Groves and Weinmiller back upstairs, threatening them. Groves and Kroesen struggled, and Kroesen stabbed Groves multiple times, inflicting wounds that required many stitches. Weinmiller’s account of the events was similar. Kroesen recalled that he was paranoid after ingesting cocaine and, based on what he overheard during Groves’s telephone call and what he heard about crime in the neighborhood, he believed that Groves was about to rob him. Kroesen was convicted of felonious assault and kidnapping. On appeal, Kroesen argued that the trial court erred in refusing to instruct the jury on the lesser included offenses of abduction and unlawful restraint.
Rule of Law
Issue
Holding and Reasoning (Bowman, J.)
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