State v. Nolan

2013-Ohio-2829 (2013)

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State v. Nolan

Ohio Court of Appeals
2013-Ohio-2829 (2013)

  • Written by Sharon Feldman, JD

Facts

Travis McPeak and Bobby Nolan (defendant) got into an altercation. McPeak decided to leave. As McPeak approached the sidewalk, he saw a shadow behind him. Nolan attempted to hit McPeak, but McPeak dodged the blow and pushed Nolan to the ground. As Nolan was getting up, he removed a gun from his pocket and fired it in McPeak’s general direction. The bullet entered McPeak’s outer thigh and exited his inner thigh. McPeak survived the shooting. Nolan was charged with two counts of attempted murder and one count of felonious assault. The first count of attempted murder charged Nolan with purposely attempting to cause McPeak’s death, and the second alleged that Nolan knowingly engaged in conduct that, if successful, would have caused McPeak’s death as a proximate result of Nolan’s commission of felonious assault. Nolan was acquitted on the first attempted-murder count and convicted on the remaining counts. On appeal, after the court requested supplemental briefing on whether attempted felony murder is a viable criminal offense, Nolan argued that he could not be convicted of attempted felony murder because the victim did not die.

Rule of Law

Issue

Holding and Reasoning (Wright, J.)

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