State v. Hope, 137 N.E.3d 549 (Ohio 2019)

  • Facts: Hope was playing cards at Binion's home. He made advances on Powell and Binion, prompting an argument with Kellar (Powell's fiancé) that seemed resolved. The next evening Hope returned, walked toward the bedroom, drew a gun from his coat, shot Kellar twice in the chest, said "Who's the bitch now?" and kicked him as he died. Convicted of aggravated murder.
  • Issue: Whether the evidence sufficed to show "prior calculation and design" for aggravated murder.
  • Rule: Even a moment's opportunity to deliberate may suffice for premeditation/deliberation. Aggravated murder requires a "scheme implementing a calculated decision to kill"—analyzed by three factors: (1) strained relationship; (2) preparation as to weapon and site; (3) act drawn out (not instantaneous).
  • Analysis: Strained relationship (the argument the night before, the kick, the taunt). Preparation (Hope brought a gun to a residence and used it before any conversation). Time to plan (a full night between argument and killing). All three factors supported the verdict.
  • Judgment: Conviction affirmed.

Reading: pp. 388–96. See First Degree Murder.