State v. Group

State v. Group, 98 Ohio St.3d 248, 2002 Ohio 7247, 781 N.E.2d 980, held that "a solicitation accompanied by the requisite intent may constitute an attempt." Id. at P100. In that case, the appellant Group had been arrested for the murder of a bar owner and was in jail awaiting trial. While in jail, Group enlisted the help of a fellow inmate, Adam Perry, offering him $ 150,000 to firebomb the house of the state's key witness when Perry bonded out of jail. Group gave Perry detailed instructions on how to make a firebomb and gave him the witness home address. Group further instructed Perry on how to mislead police by planting an ID bracelet at the scene so as to avoid suspicion. Perry abandoned the plan and informed law enforcement. After Group was convicted of the attempted aggravated murder of the witness, he appealed, arguing that there was insufficient evidence to convict him of attempt. In affirming Group's conviction, the Ohio Supreme Court examined the distinctions between solicitation and attempt. The court recognized that, while some courts have concluded that mere solicitation may not constitute an attempt, "a rigid or formalistic approach to the attempt offense should be avoided." Id. at P100-101.