aggravating circumstance and mitigating factors (Ohio) · Go Syfert
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aggravating circumstance and mitigating factors in Ohio

7 Ohio opinions name it 2 courts 1995–2016 0 in the last five years

The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Von Clark Davis v. Ralph Coyle, Wardengreen
ca6 · 2007 · cited in 1 Ohio opinions naming this issue, 2016–2016
1 sentence

2016See Coyle, 475 F.3d 761 .

11
State v. Tyleryellow
ohio · 1990 · cited in 1 Ohio opinions naming this issue, 1995–1995
2 sentences

1995See State v. Tyler (1990), 50 Ohio St.3d 24 , 553 N.E.2d 576 ; State v. Post (1987), 32 Ohio St.3d 380 , 513 N.E.2d 754 ; State v. Scott (1986), 26 Ohio St.3d 92 , 26 OBR 79, 497 N.E.2d 55 . 28 January Term, 1995 XI {¶ 88} Finally, we will undertake an independent review of the aggravating circumstance and mitigating factors. {¶ 89} The aggravating circumstance in this case is that appellant, acting as the principal offender, committed the murder of Wayman Hamilton while appellant was committing or attempting to commit an aggravated robbery.

1995See State v. Tyler (1990), 50 Ohio St.3d 24 , 553 N.E.2d 576 ; State v. Post (1987), 32 Ohio St.3d 380 , 513 N.E.2d 754 ; State v. Scott (1986), 26 Ohio St.3d 92 , 26 OBR 79, 497 N.E.2d 55 . 28 January Term, 1995 XI {¶ 88} Finally, we will undertake an independent review of the aggravating circumstance and mitigating factors. {¶ 89} The aggravating circumstance in this case is that appellant, acting as the principal offender, committed the murder of Wayman Hamilton while appellant was committing or attempting to commit an aggravated robbery.

11
State v. Landrumgreen
ohio · 1990 · cited in 1 Ohio opinions naming this issue, 1995–1995
2 sentences

1995Accord State v. Landrum (1990), 53 Ohio St.3d 107, 122 , 559 N.E.2d 710, 727 . 8 January Term, 1995 {¶ 30} Moreover, we find nothing suggesting the aggravating circumstance and mitigating factors are in equipoise in this case.

1995Accord State v. Landrum (1990), 53 Ohio St.3d 107, 122 , 559 N.E.2d 710, 727 . 8 January Term, 1995 {¶ 30} Moreover, we find nothing suggesting the aggravating circumstance and mitigating factors are in equipoise in this case.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
State v. Chinn green
ohio · 1999
2 sentences

2016The supreme court further stated, "[the defendant] was not entitled to an opportunity to improve or expand his evidence in mitigation simply because [the court of appeals] required the trial court to reweigh the aggravating circumstance and mitigating factors." Id. {¶ 22} In 2007, the United States Court of Appeals for the Sixth Circuit addressed this issue in habeas corpus proceedings involving the Davis case.

2010Chinn concluded that the defendant “ ‘was not entitled to an opportunity to improve or expand his evidence in mitigation simply because * * * [the court of appeals] required the trial court to reweigh the aggravating circumstance and mitigating factors.’ ” Id., quoting State v. Chinn (June 21, 1996), 2d Dist.

32010–2016
State v. Diar green
ohio · 2008
2 sentences

2014State v. Diar, 120 Ohio St.3d 460 , 2008-Ohio-6266 , 900 N.E.2d 565, ¶ 145 .

2014State v. Diar, 120 Ohio St.3d 460 , 2008-Ohio-6266 , 900 N.E.2d 565, ¶ 145 .

12014–2014
State v. Lott green
ohio · 1990
2 sentences

1999State v. Lott (1990), 51 Ohio St.3d 160, 173 , 555 N.E.2d 293, 306 .

1999State v. Lott (1990), 51 Ohio St.3d 160, 173 , 555 N.E.2d 293, 306 .

11999–1999
State v. Scott green
ohio · 1986
2 sentences

1995See State v. Tyler (1990), 50 Ohio St.3d 24 , 553 N.E.2d 576 ; State v. Post (1987), 32 Ohio St.3d 380 , 513 N.E.2d 754 ; State v. Scott (1986), 26 Ohio St.3d 92 , 26 OBR 79, 497 N.E.2d 55 . 28 January Term, 1995 XI {¶ 88} Finally, we will undertake an independent review of the aggravating circumstance and mitigating factors. {¶ 89} The aggravating circumstance in this case is that appellant, acting as the principal offender, committed the murder of Wayman Hamilton while appellant was committing or attempting to commit an aggravated robbery.

1995See State v. Tyler (1990), 50 Ohio St.3d 24 , 553 N.E.2d 576 ; State v. Post (1987), 32 Ohio St.3d 380 , 513 N.E.2d 754 ; State v. Scott (1986), 26 Ohio St.3d 92 , 26 OBR 79, 497 N.E.2d 55 . 28 January Term, 1995 XI {¶ 88} Finally, we will undertake an independent review of the aggravating circumstance and mitigating factors. {¶ 89} The aggravating circumstance in this case is that appellant, acting as the principal offender, committed the murder of Wayman Hamilton while appellant was committing or attempting to commit an aggravated robbery.

11995–1995
State v. Post red
ohio · 1987
2 sentences

1995See State v. Tyler (1990), 50 Ohio St.3d 24 , 553 N.E.2d 576 ; State v. Post (1987), 32 Ohio St.3d 380 , 513 N.E.2d 754 ; State v. Scott (1986), 26 Ohio St.3d 92 , 26 OBR 79, 497 N.E.2d 55 . 28 January Term, 1995 XI {¶ 88} Finally, we will undertake an independent review of the aggravating circumstance and mitigating factors. {¶ 89} The aggravating circumstance in this case is that appellant, acting as the principal offender, committed the murder of Wayman Hamilton while appellant was committing or attempting to commit an aggravated robbery.

1995See State v. Tyler (1990), 50 Ohio St.3d 24 , 553 N.E.2d 576 ; State v. Post (1987), 32 Ohio St.3d 380 , 513 N.E.2d 754 ; State v. Scott (1986), 26 Ohio St.3d 92 , 26 OBR 79, 497 N.E.2d 55 . 28 January Term, 1995 XI {¶ 88} Finally, we will undertake an independent review of the aggravating circumstance and mitigating factors. {¶ 89} The aggravating circumstance in this case is that appellant, acting as the principal offender, committed the murder of Wayman Hamilton while appellant was committing or attempting to commit an aggravated robbery.

11995–1995

Statutes the citing opinions construe

OH § Ohio Rev. Code § 2929.03 (6) OH § Ohio Rev. Code § 2929.04 (6) OH § Ohio Rev. Code § 2929.05 (4) OH § Ohio Rev. Code § 2903.01 (3) OH § Ohio Rev. Code § 2929.06 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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