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A SERVICE OF OHIO'S PUBLIC BROADCASTING STATIONS
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Can Shooter Who Killed Fleeing Attacker Be Retried for Murder?
State of Ohio v. DuJuan Wiley, Case No. 2022-1114
Eighth District Court of Appeals (Cuyahoga County)
ISSUES:
- When a criminal case is retried, does the second jury have to accept the first jury's decision that the accused acted under the influence of sudden passion or in a sudden fit of rage brought on by serious provocation by the victim?
- When a criminal case is retried, and the first jury finds the accused acted under passion or rage after being seriously provoked by the victim, does the second jury have to consider serious provocation for every charge the accused faces?
State of Ohio v. DuJuan Wiley, Case No. 2022-1114
Eighth District Court of Appeals (Cuyahoga County)
ISSUES:
- When a criminal case is retried, does the second jury have to accept the first jury's decision that the accused acted under the influence of sudden passion or in a sudden fit of rage brought on by serious provocation by the victim?
- When a criminal case is retried, and the first jury finds the accused acted under passion or rage after being seriously provoked by the victim, does the second jury have to consider serious provocation for every charge the accused faces?
April 24, 2024