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State v. Walker

2016-Ohio-8295, 82 N.E.3d 1124 (2016)

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State v. Walker

Ohio Supreme Court
2016-Ohio-8295, 82 N.E.3d 1124 (2016)

  • Written by Sharon Feldman, JD

Facts

Antwon Shannon and Ivor Anderson were on a nightclub dance floor. Robert Steel twirled a glass and spilled some champagne on Anderson. Anderson said something to Steel. Thereafter, Dajhon Walker (defendant), Derrell Shabazz (defendant), and Otis Johnson joined Steel and his friends on the dance floor. Surveillance-video footage showed that the group talked for nine minutes, repeatedly looking toward Anderson and Shannon. Steel and Johnson concealed empty champagne bottles, Shabazz removed his glasses, and another person zipped his coat. Steel hit Anderson with a champagne bottle. Walker hit and threw a bottle at Shannon and then stepped back, grabbing at his waistband. Walker, Shannon, and Shabazz fell on each other. Walker moved away and was concealed behind a pillar for 20 seconds. A gunshot was fired. Walker emerged adjusting his waistband. Shannon had been shot in the back and died. Walker and Shabazz were convicted of aggravated murder, among other crimes. The court of appeals reversed Walker’s aggravated-murder conviction, concluding there was insufficient evidence that Walker acted with prior calculation and design. The state (plaintiff) appealed.

Rule of Law

Issue

Holding and Reasoning (Lanzinger, J.)

Dissent (O’Donnell, J.)

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