State v. Wharf

86 Ohio St. 3d 375 (1999)

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State v. Wharf

Ohio Supreme Court
86 Ohio St. 3d 375 (1999)

  • Written by Sharon Feldman, JD

Facts

Stephen Wharf (defendant) stole a car and filled the tank at a gas station without paying. The police pursued Wharf. When an officer finally approached the car to arrest Wharf, Wharf pointed a rifle at the officer through the passenger-side window. The officer fired his weapon at Wharf and arrested him. Wharf was convicted of robbery. On appeal, Wharf argued that the court should have instructed the jury that recklessness is the requisite mental state for the deadly-weapon element of robbery. The court of appeals affirmed the trial court’s judgment, holding that no mental state or actual use of a deadly weapon was required. The court of appeals determined that its judgment conflicted with judgments of other courts of appeals and certified the conflict. The Ohio Supreme Court granted review of the certified question of whether the deadly-weapon element of robbery must be committed with the mens rea of recklessness.

Rule of Law

Issue

Holding and Reasoning (Douglas, J.)

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