death penalty defense in Ohio

2002Morgan, 504 U.S. at 728-729 , 112 S.Ct. at 2229 , 119 L.Ed.2d at 502 .

2002Morgan, 504 U.S. at 728-729 , 112 S.Ct. at 2229 , 119 L.Ed.2d at 502 .

2002In its discussion of Ross v. Oklahoma (1988), 487 U.S. 81 , 108 S.Ct. 2273 , 101 L.Ed.2d 80 , the Morgan court makes clear that constitutional error will arise in this instance only when the trial court permits an obviously unqualified juror to sit on the jury that invokes the death penalty and defense counsel objected to the trial court’s failure to remove that juror for cause.

2002In its discussion of Ross v. Oklahoma (1988), 487 U.S. 81 , 108 S.Ct. 2273 , 101 L.Ed.2d 80 , the Morgan court makes clear that constitutional error will arise in this instance only when the trial court permits an obviously unqualified juror to sit on the jury that invokes the death penalty and defense counsel objected to the trial court’s failure to remove that juror for cause.

2007Lankford cannot now claim that the trial court erroneously informed him that he was ineligible for the death penalty as this claim is barred by the doctrine of res judicata. {¶ 8} Res judicata dictates that "a valid, final judgment rendered upon the merits bars all subsequent actions based upon any claim arising out of the transaction or occurrence that was the subject matter of the previous action." Grava v. Parkman Twp. (1995), 73 Ohio St.3d 379 , 382 , 653 N.E.2d 226 , citing and adopting 1 Restatement of the Law 2d, Judgments (1982), Sections 24-25.

2007Lankford cannot now claim that the trial court erroneously informed him that he was ineligible for the death penalty as this claim is barred by the doctrine of res judicata. {¶ 8} Res judicata dictates that "a valid, final judgment rendered upon the merits bars all subsequent actions based upon any claim arising out of the transaction or occurrence that was the subject matter of the previous action." Grava v. Parkman Twp. (1995), 73 Ohio St.3d 379 , 382 , 653 N.E.2d 226 , citing and adopting 1 Restatement of the Law 2d, Judgments (1982), Sections 24-25.

2006State v. Watson (1991), 61 Ohio St.3d 1 , 572 N.E.2d 97 , overruled on this ground by State v. McGuire (1997), 80 Ohio St.3d 390 , 686 N.E.2d 1112 . .

2006State v. Watson (1991), 61 Ohio St.3d 1 , 572 N.E.2d 97 , overruled on this ground by State v. McGuire (1997), 80 Ohio St.3d 390 , 686 N.E.2d 1112 . .

2006State v. Watson (1991), 61 Ohio St.3d 1 , 572 N.E.2d 97 , overruled on this ground by State v. McGuire (1997), 80 Ohio St.3d 390 , 686 N.E.2d 1112 . .

2006State v. Watson (1991), 61 Ohio St.3d 1 , 572 N.E.2d 97 , overruled on this ground by State v. McGuire (1997), 80 Ohio St.3d 390 , 686 N.E.2d 1112 . .

2003Braden also argues that his counsel were deficient by failing to fully question certain prospective jurors about their views on the death penalty or challenge them for cause. {¶ 108} This court has recognized that “ ‘[t]he conduct of voir dire by defense counsel does not have to take a particular form, nor do specific questions have to be asked.’ ” State v. Cornwell (1999), 86 Ohio St.3d 560, 568 , 715 N.E.2d 1144 , quoting State v. Evans (1992), 63 Ohio St.3d 231, 247 , 586 N.E.2d 1042 .

2003Braden also argues that his counsel were deficient by failing to fully question certain prospective jurors about their views on the death penalty or challenge them for cause. {¶ 108} This court has recognized that “ ‘[t]he conduct of voir dire by defense counsel does not have to take a particular form, nor do specific questions have to be asked.’ ” State v. Cornwell (1999), 86 Ohio St.3d 560, 568 , 715 N.E.2d 1144 , quoting State v. Evans (1992), 63 Ohio St.3d 231, 247 , 586 N.E.2d 1042 .

2003Braden also argues that his counsel were deficient by failing to fully question certain prospective jurors about their views on the death penalty or challenge them for cause. {¶ 108} This court has recognized that “ ‘[t]he conduct of voir dire by defense counsel does not have to take a particular form, nor do specific questions have to be asked.’ ” State v. Cornwell (1999), 86 Ohio St.3d 560, 568 , 715 N.E.2d 1144 , quoting State v. Evans (1992), 63 Ohio St.3d 231, 247 , 586 N.E.2d 1042 .

2003Braden also argues that his counsel were deficient by failing to fully question certain prospective jurors about their views on the death penalty or challenge them for cause. {¶ 108} This court has recognized that “ ‘[t]he conduct of voir dire by defense counsel does not have to take a particular form, nor do specific questions have to be asked.’ ” State v. Cornwell (1999), 86 Ohio St.3d 560, 568 , 715 N.E.2d 1144 , quoting State v. Evans (1992), 63 Ohio St.3d 231, 247 , 586 N.E.2d 1042 .

2003Moreover, “counsel is in the best position to determine whether any potential juror should be questioned and to what extent.” Murphy, 91 Ohio St.3d at 539 , 747 N.E.2d 765 . {¶ 109} Braden complains that his counsel failed to probe deeper into Juror Joe Hess’s views after Hess had expressed support for the death penalty for religious reasons.

2003Moreover, “counsel is in the best position to determine whether any potential juror should be questioned and to what extent.” Murphy, 91 Ohio St.3d at 539 , 747 N.E.2d 765 . {¶ 109} Braden complains that his counsel failed to probe deeper into Juror Joe Hess’s views after Hess had expressed support for the death penalty for religious reasons.

1990Twelfth Assignment of Error "The trial court erred in sentencing appellant, an individual with borderline intelligence, to the death penalty in violation of his constitutional guarantees against cruel and unusual punishment under United States Constitution, Eighth Amendment, as well as Ohio Constitution." Rojas here argues that his alleged mental retardation renders his death sentence cruel and unusual punishment in violation of the United States and Ohio Constitutions Assuming arguendo that Rojas was borderline retarded on the I.Q. scale, we hold that such condition does not constitutionally

1987R. 11(C)(3) improperly encourages guilty pleas to avoid the death penalty in violation of United States v. Jackson (1968), 390 U.S. 570 , has been rejected by this court in Buell, swpra, at 138, 22 OBR at 215, 489 N.E. 2d at 808 .

1987R. 11(C)(3) improperly encourages guilty pleas to avoid the death penalty in violation of United States v. Jackson (1968), 390 U.S. 570 , has been rejected by this court in Buell, swpra, at 138, 22 OBR at 215, 489 N.E. 2d at 808 .