Ohio Revised Code

Ohio Rev. Code § 2929.021 (2026)

Notice to supreme court of indictment charging aggravated murder with aggravating circumstances

✓ current as of May 2026
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(A) If an indictment or a count in an indictment charges the defendant with aggravated murder and contains one or more specifications of aggravating circumstances listed in division (A) of section 2929.04 of the Revised Code, the clerk of the court in which the indictment is filed, within fifteen days after the day on which it is filed, shall file a notice with the supreme court indicating that the indictment was filed. The notice shall be in the form prescribed by the clerk of the supreme court and shall contain, for each charge of aggravated murder with a specification, at least the following information pertaining to the charge:

(1) The name of the person charged in the indictment or count in the indictment with aggravated murder with a specification;

(2) The docket number or numbers of the case or cases arising out of the charge, if available;

(3) The court in which the case or cases will be heard;

(4) The date on which the indictment was filed.

(B) If an indictment or a count in an indictment charges the defendant with aggravated murder and contains one or more specifications of aggravating circumstances listed in division (A) of section 2929.04 of the Revised Code and if the defendant pleads guilty or no contest to any offense in the case or if the indictment or any count in the indictment is dismissed, the clerk of the court in which the plea is entered or the indictment or count is dismissed shall file a notice with the supreme court indicating what action was taken in the case. The notice shall be filed within fifteen days after the plea is entered or the indictment or count is dismissed, shall be in the form prescribed by the clerk of the supreme court, and shall contain at least the following information:

(1) The name of the person who entered the guilty or no contest plea or who is named in the indictment or count that is dismissed;

(2) The docket numbers of the cases in which the guilty or no contest plea is entered or in which the indictment or count is dismissed;

(3) The sentence imposed on the offender in each case.

Notes of Decisions
Cited in 18 cases (2 in the last 5 years), 1984–2023 · leading case: State v. Jenkins, 473 N.E.2d 264 (Ohio 1984).
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State v. Jenkins, 473 N.E.2d 264 (Ohio 1984). · cites it 4× “Although appellant would have this court require juries returning a life sentence to specify which mitigating factors were found to exist and why they outweigh aggravating circumstances, we conclude that such information is not an indispensable ingredient in assisting us to…”
State v. Murphy, 747 N.E.2d 765 (Ohio 2001). “*563 Apparently to assist us in reviewing proportionality, R.C. 2929.021 requires that certain information for each indictment charging aggravated murder be provided to our court.”
State v. Issa, 752 N.E.2d 904 (Ohio 2001). “R.C. 2929.021 requires clerks of courts to file with this court certain basic information concerning each case in which a capital indictment is filed.”
State v. Graham (Slip Opinion), 2020 Ohio 6700 (Ohio 2020). “It noted, though, that R.C. 2929.021, which directs clerks of trial courts to notify this court of all capitally charged cases filed in their courts regardless of the outcome, is an important tool for proportionality review.”
State v. Worley (Slip Opinion), 2021 Ohio 2207 (Ohio 2021). “” He argues that R.C. 2929.021—which requires clerks of trial courts to notify this court of all capitally charged cases regardless of the sentencing outcome—creates “substantial doubts as to the adequacy of the information received after guilty pleas to lesser offenses or after…”
State v. Davis, 666 N.E.2d 1099 (Ohio 1996). · cites it 2× “R.C. § 2929.021, § 2929.03 and § 2929.05 fail to assure adequate appellate analysis of arbitrariness, excessiveness and disproportionality of death sentences and the Ohio Supreme Court fails to engage in a level of analysis that ensures against arbitrary death sentencing.”
Richard Cooey v. Ralph Coyle, Warden, 289 F.3d 882 (6th Cir. 2002). “Cooey alleges that Ohio Rev.Code § 2929.021 requires data “respecting the outcomes of capital indictments” to be reported to the Ohio Supreme Court, that this provision fails to require enough information as to non-capital offenses, that additional data are needed to compare…”
State v. Murphy, 2001 Ohio 112 (Ohio 2001). “{¶ 252} Apparently to assist us in reviewing proportionality, R.C. 2929.021 requires that certain information for each indictment charging aggravated murder be provided to our court.”
State v. Morales, 513 N.E.2d 267 (Ohio 1987). “” Moreover, to hold as appellant asks us to hold would require prosecutors to indict a party, pursuant to R.C. 2929.021, 2929.022, 2929.03 and 2929.”
State v. Issa, 2001 Ohio 1290 (Ohio 2001). “{¶ 120} R.C. 2929.021 requires clerks of courts to file with this court certain basic information concerning each case in which a capital indictment is filed.”
State v. Sneed, 584 N.E.2d 1160 (Ohio 1992). “25: Sections 2929.021, 2929.03 and 2929.05 fail to assure adequate appellate analysis of excessiveness and disproportionality of death sentences.”
State v. Davis, 1996 Ohio 414 (Ohio 1996). · cites it 2× “R.C. §2929.021, §2929.03 and §2929.05 fail to assure adequate appellate analysis of arbitrariness, excessiveness and disproportionality of death sentences and the Ohio Supreme Court fails to engage in a level of analysis that ensures against arbitrary death sentencing.”
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