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Ohio Supreme Court grants relief.

By Karl R. Keys, Esq.

The Ohio Supreme Court in State v. White, Slip Opinion No. 2008-Ohio-1623, has granted penalty phase relief on the grounds that Mr. White is mentally retarded. The Clerk’s Office notes: The Supreme Court of Ohio today granted a petition for post-conviction relief and vacated the death sentence of Clifton White III of Akron. Ruling that White is mentally retarded and therefore ineligible for the death penalty, the Court remanded his case to the Summit County Court of Common Pleas for resentencing under the statutory guidelines for non-capital cases of aggravated murder. In a 7-0 decision written by Justice Robert R. Cupp, the Court held that expert testimony at White?s postconviction hearing established all three standards of retardation set forth in the Court?s 2002 decision in State v...continue to full post

Full post as published by Capital Defense Weekly on April 09, 2008 (boomark / email).