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STATE v. RHODES

No. 91-142.

63 Ohio St.3d 613 (1992)

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

Supreme Court of Ohio.

Decided May 13, 1992.

Attorney(s) appearing for the Case

S. Michael Miller, Prosecuting Attorney, and Alan C. Travis, for appellant.

Vivyan, Graeff, Rigg & Schneider and David J. Graeff, for appellee.

Randall M. Dana, Ohio Public Defender, Gregory L. Ayers and Shelly R. Smith, urging affirmance for amicus curiae, Ohio Public Defender Commission.

WRIGHT, J.

This case requires us to decide whether a defendant on trial for murder bears the burden of establishing by a preponderance of the evidence that he was "under the influence of sudden passion or in a sudden fit of rage, either of which was brought on by serious provocation occasioned by the victim that * * * [was] reasonably sufficient to incite the * * * [defendant] into using deadly force * * * "—the...

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