Featured Decision: Felony Conviction Upheld Despite Discrepancy With Verdict Form

The latest Featured Decision video explains the Supreme Court of Ohio’s decision regarding a verdict form that did not conform to state law because it failed to specify whether the jury found the defendant guilty of a felony or a lesser offense. The Supreme Court ruled that Mahad Khalif's conviction will stand because he did not object to the omission at trial and failed to show that it affected a substantial right.

In a 6-1 decision, the Supreme Court affirmed Khalif’s 2023 conviction for discharging a firearm on or near prohibited premises. Khalif was convicted of the felony-level crime because he created a substantial risk of harm as he tried to stop thieves from stealing his car. Khalif shot at the vehicle as it was driving in Khalif’s direction down a Columbus-area street.

The Court explained why it rejected Khalif’s claim that an error with the verdict form should have led to a conviction only for the misdemeanor-level charge of discharging a firearm on or near prohibited premises.