83 Ohio App. 3d 114 - State v. Assad’s Empirical Analysis

Citation profile

4 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Appellant argues that the facts of this case demonstrate that he had reasonable cause to fear criminal attack upon himself, such that he was justified in carrying a gun from his stores to his home. “An appellate court has the power to determine that a conviction was against the manifest weight of the evidence. State v. Robinson (1955), 162 Ohio St. 486 , 55 O.O. 388 , 124 N.E.2d 148 . The court must review the entire record, weigh the evidence and all reasonable inferences, and consider witness credibility. State v. Davis (1988), 49 Ohio App.3d 109 , 550 N.E.2d 966 ; State v. Martin (1983), 20 Ohio App.3d 172, 175 , 20 OBR 215, 218, 485 N.E.2d 717, 720 . “The evidence adduced at trial revealed that appellant owned several stores in very high crime areas. Appellant testified that he often carried large sums of cash from store to store and was afraid of being robbed. He stated that his stores had been robbed on several occasions. “We find that although appellant did not have a large sum of money on him when he was stopped by the police, he did have a reasonable belief that he may have been criminally attacked when he left the Fulton Road store. Appellant departed the Fulton Road store at a very late hour and he was required to leave in a very high crime area. Being a store owner, appellant was justified in believing that he might have been stopped and robbed. “Thus, we conclude that appellant presented sufficient competent and credible evidence to support his affirmative defen”

   1 later decision quote this exact passage
   e.g. 111 Ohio App. 3d 63 - State v. Doss