So says the Supreme Court in State v. Bembry.
The result may not be surprising, given that the US Supreme Court held similarly in 2006's Hudson v. Michigan, and I personally am convinced that the rationale of Hudson (which was adopted by the Court in Bembry) was correct, but I also am sympathetic to those who might view this as a missed opportunity to provide greater protection to Ohio's citizens through new federalism.
Commentary on cases, decisions, and orders in and from the Ohio Supreme Court and courts of appeals from attorney Jeff Nye. Not affiliated with any court.
Showing posts with label Justice William M. O'Neill. Show all posts
Showing posts with label Justice William M. O'Neill. Show all posts
Wednesday, October 18, 2017
Tuesday, May 30, 2017
State v. Roberts - death sentence affirmed on third appeal
Today the Court announced its decision in State v. Roberts, a death penalty appeal that had made two prior trips to the Supreme Court. In the first appeal, the Court vacated the death sentence because the trial judge had engaged in improper ex parte communications with the prosecutor, and had allowed the prosecutor to assist in drafting the sentencing opinion. In the second appeal, the Court vacated the death sentence because the trial court had (apparently) failed to consider the defendant's allocution.
This time, the Court affirms. Justice O'Neill concurred in the judgment affirming the conviction, but dissented as to the imposition of the death penalty (as he now always does). Chief Justice O'Connor concurred in the judgment only.
This blog has previously covered the case of Roberts's co-defendant, Nathaniel Jackson, whose conviction and sentence were affirmed last summer.
This time, the Court affirms. Justice O'Neill concurred in the judgment affirming the conviction, but dissented as to the imposition of the death penalty (as he now always does). Chief Justice O'Connor concurred in the judgment only.
This blog has previously covered the case of Roberts's co-defendant, Nathaniel Jackson, whose conviction and sentence were affirmed last summer.
Tuesday, December 13, 2016
Court affirms death penalty
The Court today affirmed the death penalty imposed on Steven Cepec, who was convicted of the aggravated murder of Frank Munz in 2010. Cepec had raised arguments relating to Miranda violations, ineffective assistance of counsel, the competency of adverse witnesses, and other issues, all of which were rejected by at least six justices.
Justice O'Neill concurred in part and dissented in part without opinion, which I interpret to mean that he concurred in the convictions, but dissented with respect to the sentence of death. Justice O'Neill has previously written that he would hold the death penalty to be unconstitutional.
Justice O'Neill concurred in part and dissented in part without opinion, which I interpret to mean that he concurred in the convictions, but dissented with respect to the sentence of death. Justice O'Neill has previously written that he would hold the death penalty to be unconstitutional.
Tuesday, September 13, 2016
Death sentence affirmed; confrontation clause
The Ohio Supreme Court has rejected the appeal of Calvin McKelton, who was sentenced to death in 2010 in connection with the murders of Margaret Allen and Mick Evans.
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