State v. Davis9/12/2003
manslaughter. The first, Count III, was based on the claim that Davis caused Powers' death as a proximate result of committing a misdemeanor of reckless assault. The second, Count VIII, was based on allegations that Davis caused Powers' death while committing a felony. Concerning this count, the judge instructed the jury that:
. "the legal basis involuntary manslaughter alleged in this charge, Count 8, is causing the death of another as a proximate result of committing a felony of having a weapon under disability.
. "The offense of having a firearm under disability is that the defendant knowingly had, carried, or used a firearm and was previously convicted of a felony offense of violence, to wit, assault on a police officer in the Clark County, Ohio, Common Pleas Court on March 21, 1996, in Case No. 95-CR-0343.
. "Before you can find the defendant guilty of involuntary manslaughter as charged in Count 8, you must find beyond a reasonable doubt that on or about the 17th day of September, 2001, and in Clark County, Ohio, the defendant as a proximate result of knowingly having or using a firearm after having been convicted of a felony of violence caused the death of Randall Powers."
. After defining the various offenses, the judge read the proposed verdict forms to the jury. Concerning Count VIII, the judge said:
. "Then the verdict in Count 8, which also contains the involuntary manslaughter reads: `We, the jury, duly impaneled and sworn, do find the defendant, Charles E. Davis.' There's a blank space preceded by the asterisk. Complete the blank space with the words `guilty' or `not guilty of involuntary manslaughter while committing the offense of negligent assault in Count 8 of the indictment.' "
. No objections were made to the charge, other than to the omission of a word from the instruction for Count III. After the judge clarified that instruction, the jury was sent to deliberate at about 4:48 p.m.
. Around 8:10 p.m., the jury returned with a verdict, finding Davis guilty of involuntary manslaughter in Counts III and VIII. However, the verdict form read by the foreman was that:
. "We, the jury, being duly impaneled and sworn, do find the defendant, Charles E. Davis, guilty of involuntary manslaughter while committing felonious assault as charged in Count 8 of this indictment. We further find and specify that the defendant, Charles E. Davis, did have a firearm on or about his person while committing this offense and displayed the firearm, brandished the firearm, or indicated that he possessed the firearm of used it to facilitate the offense."
. The judge then reviewed the verdicts, accepted the verdicts as correctly read by the foreman, and discharged the jury at 8:13 p.m. After the jury was discharged, counsel for both sides approached the bench to review the verdicts, but did not comment on the verdicts. The judge then set a sentencing hearing for the following morning and recessed the proceedings at 8:15 p.m.
. However, the judge reconvened the proceedings about two hours later. At that time, defense counsel noted an irregularity in one of the jury forms, and asked that the verdict for that count (VIII) be dismissed. The judge agreed that the verdict for causing death by felonious assault on Count VIII was inconsistent with the charged offense, i.e, causing death while having a weapon under disability. Nonetheless, the judge concluded that the error was "typographical" and declined to dismiss the charge. He then reconvened the jury for further deliberations.
. As part of the process, the judge asked the jurors if they had been improperly influenced b
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