Ohio Court of Appeals June 28, 2002, Case No. 2000-L-076. (State v. Derose, Unpublished Decision (6-28-2002))

I must respectfully dissent, for I do not believe the jury in this matter was given all the relevant jury instructions. Without an adequate explanation of the law, no jury is capable of coming to a legally sufficient verdict. A tragic fight which resulted in a serious injury has been followed by two jury trials that have failed to answer the only questions which are relevant.