A person charged with aggravated murder and one or more specifications of an aggravating circumstance may, at trial, raise the matter of his age at the time of the alleged commission of the offense and may present evidence at trial that he was not eighteen years of age or older at the time of the alleged commission of the offense. The burdens of raising the matter of age, and of going forward with the evidence relating to the matter of age, are upon the defendant. After a defendant has raised the matter of age at trial, the prosecution shall have the burden of proving, by proof beyond a reasonable doubt, that the defendant was eighteen years of age or older at the time of the alleged commission of the offense.
Notes of Decisions
Cited in 13
cases (1 in the last 5 years), 1985–2024 · leading case: State v. Martin, 483 N.E.2d 1157 (Ohio 1985).
State v. Martin, 483 N.E.2d 1157 (Ohio 1985). · cites it 2ד04 criteria for imposing death or imprisonment for a capital offense are as follows: “(B) If one or more of the aggravating circumstances listed in division (A) of this section is specified in the indictment or count in the indictment and proved beyond a reasonable doubt, and if…”
State v. Franklin, 97 Ohio St. 3d 1 (Ohio 2002). “02(A) and R.C. 2929.023. {¶ 99} Finally, we find nothing mitigating in the nature and circumstances of the crimes.”
State v. Franklin, 2002 Ohio 5304 (Ohio 2002). “Appellant was approximately eighteen and one-half years old when he committed the murders. This factor is entitled to some weight, especially since eighteen is the minimum age for death penalty eligibility.”
Jackson v. Anderson, 141 F. Supp. 2d 811 (N.D. Ohio 2001). · cites it 4ד03(D)(1) states Death may not be imposed as a penalty for aggravated murder if the offender raised the matter of age at trial pursuant to section 2929.023 of the Revised Code and was not found at trial to have been eighteen years of age or older at the time of the commission of…”
Bonnell v. Mitchel, 301 F. Supp. 2d 698 (N.D. Ohio 2004). · cites it 2ד(B) If one or more of the aggravating circumstances listed in division (A) of this section is specified in the indictment or count in the indictment and proved beyond a reasonable doubt, and if the offender did not raise the matter of age pursuant to section 2929.023 of the…”
State v. Woods, 2024 Ohio 467 (Ohio Ct. App. 2024). · cites it 2ד04 of the Revised Code, except that no person who raises the matter of age pursuant to section 2929.023 of the Revised Code and who is not found to have been eighteen years of age or older at the time of the commission of the offense * * * shall suffer death.”
State v. Harwell, 776 N.E.2d 524 (Ohio Ct. App. 2002). · cites it 2ד04(B) provides: {¶ 20} “(B) If one or more of the aggravating circumstances listed in division (A) of this section is specified in the indictment or count in the indictment and proved beyond a reasonable doubt, and if the offender did not raise the matter of age pursuant to…”
State v. Neguse, 594 N.E.2d 1116 (Ohio Ct. App. 1991). “Conversely, if appellant was an adult on January 15, 1990, the common pleas court had jurisdiction over him and the juvenile court provisions had no application.”
State v. Haight, 649 N.E.2d 294 (Ohio Ct. App. 1994). · cites it 2ד04(B) reads, in toto: “(B) If one or more of the aggravating circumstances listed in division (A) of this section is specified in the indictment or count in the indictment and proved beyond a reasonable doubt, and if the offender did not raise the matter of age pursuant to…”
State v. Roark, 2015 Ohio 3811 (Ohio Ct. App. 2015). “* * * Given [Appellant’s] environmental considerations, family circumstances, personality traits, bad judgments due to youth, mental and emotional issues, or any combination of these and similar factors, this court must sentence [Appellant] to the minimum sentence allowed under…”
State v. Penix, 586 N.E.2d 127 (Ohio Ct. App. 1989). · cites it 2דThis division does, however, support the position of the trial court, and this court, that an evidentiary hearing is not contemplated where the offender does not face the death sentence: “(E) If the offender raised the matter of age at trial pursuant to section 2929.023 of the…”
State v. Elder, 2015 Ohio 3564 (Ohio Ct. App. 2015). · cites it 2דSubsections (B) and (C) state the following: (B) If one or more of the aggravating circumstances listed in division (A) of this section is specified in the indictment or count in the indictment and proved beyond a reasonable doubt, and if the offender did not raise the matter of…”
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