State v. Tolliver

At issue in this case was whether the State must prove a culpable mental state with respect to the element of the offense of robbery contained in Ohio Rev. Code 2911.02(A)(3) that the offender did “[u]se or threaten the immediate use of force against another.” After a jury trial, Defendant was convicted of one count of robbery. Defendant appealed, arguing that the trial court erred by not instructing the jury that the State had to prove that he had recklessly used force while committing or attempting to commit theft. The court of appeals agreed with Defendant and reversed. The Supreme Court reversed, holding (1) Ohio Rev. Code 2901.21(B), the statute for determining whether an offense imposes strict liability or requires proof of recklessness, applies only when a mental state is not specified in a section defining an offense; (2) because section 2911.02 defines every robbery to include the culpable mental states of the predicate theft offense, section 2901.21(B) does not apply; and (3) therefore, the State need not prove a culpable mental state with respect to the force element in section 2911.02(A)(3). View "State v. Tolliver" on Justia Law