STATE v. BARNES

Nos. 00-1595 and 00-1682.

94 Ohio St.3d 21 (2002)

THE STATE OF OHIO, APPELLANT, v. BARNES, APPELLEE.

Supreme Court of Ohio.

Decided January 9, 2002.


Attorney(s) appearing for the Case

Victor V. Vigliucci, Portage County Prosecuting Attorney, and Kelli K. Norman, Assistant Prosecuting Attorney, for appellant.

Dennis Day Lager, Portage County Public Defender, for appellee.

Dennis Watkins, Trumbull County Prosecuting Attorney, and LuWayne Annos, Assistant Prosecuting Attorney, urging reversal for amicus curiae Ohio Prosecuting Attorneys Association.

Betty D. Montgomery, Attorney General, and David M. Gormley, State Solicitor, urging reversal for amicus curiae Attorney General of Ohio.


COOK, J.

This cause presents two questions: first, whether a defendant who asserts self-defense may introduce evidence of specific instances of conduct by the victim to show that the victim was the initial aggressor, and second, whether the trial court committed plain error when it instructed the jury that felonious assault with a deadly weapon is a lesser included offense of attempted murder. We answer both questions in the negative.

I

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