Was a Shooting by an On-Duty Police Officer Reasonable, and Are On-Duty Police Officers Exempt from a Statute That Enhances the Penalty for an Offense for Using a Firearm?

State of Ohio v. Thomas C. White, Case no. 2013-0109

Sixth District Court of Appeals (Lucas County)

ISSUES:

Is the firearm specification in R.C. 2941.145 constitutional when a law enforcement officer is found guilty of committing a crime in which he used his firearm while on duty?

Does Ohio law permit pre-trial dismissals of criminal charges based on the immunity that police officers sometimes have in civil cases?

Does a trial court abuse its discretion or commit plain error if it instructs the jury to determine whether a police officer's use of deadly force was objectively reasonable or whether the officer had reasonable grounds to believe that he or a fellow officer was in imminent danger of death or great bodily harm?

Does a trial court need to give a jury an instruction explaining "mistaken belief" when the jury is told to determine whether a person acted "knowingly," as defined by statute?

Does a trial court abuse its discretion when it excludes testimony about the exact violation and degree of offense the suspect being pursued by the police is accused of committing?