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Ohio Supreme Court reverses a death sentence

By Karl R. Keys, Esq.

In State v. Diar the Ohio Supreme Court vacated a death setnence in light of the State’s concession of error: Brooks counseled courts to advise jurors in capital cases that ?a solitary juror may prevent a death penalty recommendation by finding that the aggravating circumstances in the case do not outweigh the mitigating factors.? . . .  [T]he state has elected to concede that the trial court?s failure to provide such an instruction constitutes error, given the totality of the specific circumstances, and requires that the cause be remanded to the trial court for a new mitigation hearing.

Full post as published by Capital Defense Weekly on December 10, 2008 (boomark / email).