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Keith Proposed Jury Instructions

Attorney Keith Mitchell's proposed jury instruction in Jamille Kinnebrew's criminal trial. These were sent to Toledo Municipal Court Judge Joshua Lanzinger and his law clerk Brittany Sharp-Goldsmith.

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Nathaniel Livingston, Jr.
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250 views6 pages

Keith Proposed Jury Instructions

Attorney Keith Mitchell's proposed jury instruction in Jamille Kinnebrew's criminal trial. These were sent to Toledo Municipal Court Judge Joshua Lanzinger and his law clerk Brittany Sharp-Goldsmith.

Uploaded by

Nathaniel Livingston, Jr.
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Subject: Attachments: keith mitchell Friday, November 04, 2016 2:39 PM brittany-sharp.goldsmith@tmcourtorg; Rebecca West-Fstell Proposed Jury Instructions Kinnebrew OJl docx Attache please find Defendant's proposed jury instructions. Attomey Keith L. Mitchell 338N. Erie Street, Suite 100 Toledo, Ohio 43604 (419) 255-4480 (419) 244-6335 fax IN THE TOLEDO MUNICIPAL COURT IN LUCAS COUNTY, OHIO CITY OF TOLEDO. Case No.: CRB-16-09675 Plaintiff, Judge JOSHUA LANZINGER v. PROPOSED JURY INSTRUCTIONS JAMILLE T.L. KINNEBREW Keith L. Mitchell (0037813) 338 North Eric Street, Suite 100 Toledo, OH 43604 (419) 255-4480 Fax: (419) 244-6335 E-mail: keithlmitchell@hotmail.com Defendant. Attorney for Defendant Below please find proposed jury instructions in the above referenced case. 2 OJI-CR 521.33, 2 CR Ohio Jury Instructions 521.33 1, The defendant is charged with resisting arrest. Before you can find the defendant guilty, you must find beyond a reasonable doubt that on or about the 13" day of July, 2016 and in Toledo, Tuieas County, Ohio, the defendant by force resisted or interfered with a lawful arrest of himself. 2. FORCE, “Force” means any violence, compulsion, or constraint physically exerted by any ‘means upon or against a person or thing. 3. RESIST OR INTERFERE. “Resist or interfere” means to oppose, obstruct, hinder, impede, interrupt, or prevent an arrest by a law enforcement officer by the use of force or recklessly by any means, such as going limp, or any other passive or indirect conduct. 4. ARREST. “Arrest” means (A) an intent to arrest; (B) under real or pretended authority; (© accompanied by actual seizure or detention of the person; and (D) which is so understood by the person arrested. The state must prove the arrest was in the process of taking place when the resistance or interference occurred. 5, LAWFUL ARREST, You must also decide whether the arrest was lawful. ‘An arrest is lawful if the offense for which the arrest was being made was one for which the defendant could be arrested; and the arresting officer had authority to make the arrest atthe time and place where the alleged resistance or interference (ook place; and a reasonable police officer under the facts and circumstances in evidence would have believed that the following elements of domestic violence had been committed by the defendant: in that no person shall knowingly cause or attempt to cause physical harm to a family or household member. The state need not prove that the defendant has been found guilty of the offense, but only that Officer Cousino and the other Toledo Police officers involved had a reasonable belief of defendant's guilt. 6, CAUSATION. OJI-CR 417.23, OJ-CR 417.25, 7, LAW ENFORCEMENT OFFICER. R.C. 2901.01(A)(11). 8, AFFIRMATIVE DEFENSE: EXCESSIVE FORCE. (A) GENERAL. OJI-CR 417.27. (B) EXCESSIVE OR UNNECESSARY FORCE. The defendant claims that Officer Cousino and the other Toledo Police officers involved used excessive or unnecessary force in arresting him. “Excessive or unnecessary force” means more force than necessary under the circumstances to arrest the defendant. 9. CONCLUSION WITH AFFIRMATIVE DEFENSE. OJI-CR 425.03, 2 OJL-CR $21.31, 2 CR Ohio Jury Instructions 521.31 1, The defendant is charged with obstructing official business. Before you can find the defendant guilty, you must find beyond a reasonable doubt that on or about the 13” day of July, 2016 and in Toledo, Lucas County, Ohio, the defendant, without privilege to do so and with purpose to obstruct the performance by a public official of any authorized act within his official capacity, did an act that impeded Officer Cousino and the other Toledo Police officers involved in the performance of their lawful duties. 2, PRIVILEGE, “Privilege” means an immunity, license, or right conferred by law, or bestowed by express or implied grant, or arising out of status, position, office, or relationship, or growing out of necessity. 3, PURPOSELY. OJI-CR 417.01; R.C. 2901.22(A). 4, PUBLIC OFICIAL. “Public official” means any elected or appointed officer, or employee, or agent of the state or any political subdivision thereof, whether in @ temporary ot permanent capacity, and including without limitation legislators, judges, and law enforcement officers. 5. LAWFUL DUTIES “Lawful duties” means any act or acts required by law. 6. CONCLUSION. OJI-CR 425.01. 2 OJI-CR 505.03, 2 CR Ohio Jury Instructions 505.03 1. The defendant is charged with unlawful restraint, Before you can find the defendant guilty, you must find beyond a reasonable doubt that on or about the 13" day of July, 2016, and in Toledo, Lucas County, Ohio, the defendant, without privilege to do so, knowingly restrained Antionna Williams of her liberty. 2. PRIVILEGE. “Privilege” means an immunity, license or right conferred by law, or bestowed by express or implied grant, or arising out of status, position, office, or relationship, or growing out of necessity. 3. KNOWINGLY, OJI-CR 417.11; RC. 2901.22(B). 4, TO RESTRAIN ONE OF HER LIBERTY. To “restrain one of her liberty” means to limit or restrain Antionna William's freedom of movement. The restraint need not be for any specific duration of time or in any specific manner. 5. CONCLUSION. OJI-CR 425.01 2 OUI-CR $19.25, 2 CR Ohio Jury Instructions 519.25 CR 519.25 Domestic violence R.C. 2919.25 (offenses committed on and after 4/7/09) /Rev. S/3/14] 1. The defendant is charged with domestic violence. Before you can find the defendant guilty, you must find beyond a reasonable doubt that on or about the 12 day of July, 2016 and in Toledo, Lucas County, Ohio, the defendant knowingly caused physical harm to a family or household member. 2. KNOWINGLY. OJL-CR 417.11; R.C. 2901.22(B). 3. CAUSED. OJL-CR 417.23 4, PHYSICAL HARM, “Physical harm” means any injury, illness, or other physiological 3 impairment, regardless of its gravity or duration. 5. FAMILY OR HOUSEHOLD MEMBER. R.C. 2919.25. 6. PERSON LIVING AS A SPOUSE. “Person living as a spouse” means a person who has lived with the defendant has cohabited with the defendant within five years before the alleged commission of the act in question, 7. RESIDE. “Reside” means to live in a place on an ongoing basis. 8, COHABIT. “Cohabit” means living together at the same residence or, if not living at the same residence, the sharing of family or financial responsibilities and consortium. 9, FAMILY OR FINANCIAL RESPONSIBILITIES. “Family or financial responsibilities” may include such things as providing shelter, food, clothing, and utilities and (commingling) (combining) assets. 10. The defendant in this case is in loco parentis with the alleged victim. 1. AFFIRMATIVE DEFENSE(S): (A) GENERAL. OJI-CR 417.27. (B)2) REASONABLE PARENTAL DISCIPLINE, The defendant claims that he was engaged in reasonable and proper parental discipline of the child. The law permits a parent fo use reasonable and proper measures to discipline a child. If you find by the greater weight of the evidence that at the time in question the defendant was engaged in reasonable and proper parental discipline of a child under the age of eighteen, then you must find the defendant not guilty of domestic violence. 12. CONCLUSION WITH AFFIRMATIVE DEFENSE. OJI-CR 425.03. Cite as Stare v. Knepley, 2012-Ohio-406 In loco parentis means standing in the place of a parent and assuming parental duties or responsibilities. In other words, Jamille Kinnebrew has an in loco parentis status with Antionna Williams in that he is a person who has assumed the dominant parental role and relied upon by the child for support. He has assumed the same duties as a guardian or custodian, only not through a legal proceeding. Parental duties or responsibilities would include financial maintenance, care, and edueation, of the child.

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