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STATE v. OWENS

No. 2019-0980.

166 N.E.3d 1142 (2020)

162 Ohio St.3d 596

2020-Ohio-4616

The STATE of Ohio, Appellee, v. OWENS, Appellant.

Supreme Court of Ohio.

Decided September 30, 2020.

Attorney(s) appearing for the Case

Michael C. O'Malley , Cuyahoga County Prosecuting Attorney, and Brandon A. Piteo , Jennifer M. Meyer , and Anna Faraglia , Assistant Prosecuting Attorneys, for appellee.

Law Office of Timothy Farrell Sweeney and Timothy F. Sweeney , Cleveland, for appellant.

{¶ 1} A jury convicted Ursula Owens of felony murder after she beat a five-year-old girl, causing the child to die of a brain injury. We must decide whether Owens was entitled to a jury instruction for reckless homicide as a lesser included offense to the felony-murder charge. Because felony murder has no mens rea requirement...

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