Ohio Revised Code

Ohio Rev. Code § 2929.03 (2026)

Imposition of sentence for aggravated murder

✓ current as of May 2026
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(A) If the indictment or count in the indictment charging aggravated murder does not contain one or more specifications of aggravating circumstances listed in division (A) of section 2929.04 of the Revised Code, then, following a verdict of guilty of the charge of aggravated murder, the trial court shall impose sentence on the offender as follows:

(1) Except as provided in division (A)(2) or (H) of this section, the trial court shall impose one of the following sentences on the offender:

(a) Life imprisonment without parole;

(b) Subject to division (A)(1)(e) of this section, life imprisonment with parole eligibility after serving twenty years of imprisonment;

(c) Subject to division (A)(1)(e) of this section, life imprisonment with parole eligibility after serving twenty-five full years of imprisonment;

(d) Subject to division (A)(1)(e) of this section, life imprisonment with parole eligibility after serving thirty full years of imprisonment;

(e) If the victim of the aggravated murder was less than thirteen years of age, the offender also is convicted of or pleads guilty to a sexual motivation specification that was included in the indictment, count in the indictment, or information charging the offense, and the trial court does not impose a sentence of life imprisonment without parole on the offender pursuant to division (A)(1)(a) of this section, the trial court shall sentence the offender pursuant to division (B)(3) of section 2971.03 of the Revised Code to an indefinite term consisting of a minimum term of thirty years and a maximum term of life imprisonment that shall be served pursuant to that section.

(2) If the offender also is convicted of or pleads guilty to a sexual motivation specification and a sexually violent predator specification that are included in the indictment, count in the indictment, or information that charged the aggravated murder, except as provided in division (H) of this section, the trial court shall impose upon the offender a sentence of life imprisonment without parole that shall be served pursuant to section 2971.03 of the Revised Code.

(B) If the indictment or count in the indictment charging aggravated murder contains one or more specifications of aggravating circumstances listed in division (A) of section 2929.04 of the Revised Code, the verdict shall separately state whether the accused is found guilty or not guilty of the principal charge and, if guilty of the principal charge, whether the offender was eighteen years of age or older at the time of the commission of the offense, if the matter of age was raised by the offender pursuant to section 2929.023 of the Revised Code, and whether the offender is guilty or not guilty of each specification. The jury shall be instructed on its duties in this regard. The instruction to the jury shall include an instruction that a specification shall be proved beyond a reasonable doubt in order to support a guilty verdict on the specification, but the instruction shall not mention the penalty that may be the consequence of a guilty or not guilty verdict on any charge or specification.

(C)(1) If the indictment or count in the indictment charging aggravated murder contains one or more specifications of aggravating circumstances listed in division (A) of section 2929.04 of the Revised Code, then, following a verdict of guilty of the charge but not guilty of each of the specifications, and regardless of whether the offender raised the matter of age pursuant to section 2929.023 of the Revised Code or the matter of serious mental illness at the time of the commission of the offense pursuant to section 2929.025 of the Revised Code, the trial court shall impose sentence on the offender as follows:

(a) Except as provided in division (C)(1)(b) or (H) of this section, the trial court shall impose one of the following sentences on the offender:

(i) Life imprisonment without parole;

(ii) Subject to division (C)(1)(a)(v) of this section, life imprisonment with parole eligibility after serving twenty years of imprisonment;

(iii) Subject to division (C)(1)(a)(v) of this section, life imprisonment with parole eligibility after serving twenty-five full years of imprisonment;

(iv) Subject to division (C)(1)(a)(v) of this section, life imprisonment with parole eligibility after serving thirty full years of imprisonment;

(v) If the victim of the aggravated murder was less than thirteen years of age, the offender also is convicted of or pleads guilty to a sexual motivation specification that was included in the indictment, count in the indictment, or information charging the offense, and the trial court does not impose a sentence of life imprisonment without parole on the offender pursuant to division (C)(1)(a)(i) of this section, the trial court shall sentence the offender pursuant to division (B)(3) of section 2971.03 of the Revised Code to an indefinite term consisting of a minimum term of thirty years and a maximum term of life imprisonment.

(b) If the offender also is convicted of or pleads guilty to a sexual motivation specification and a sexually violent predator specification that are included in the indictment, count in the indictment, or information that charged the aggravated murder, except as provided in division (H) of this section, the trial court shall impose upon the offender a sentence of life imprisonment without parole that shall be served pursuant to section 2971.03 of the Revised Code.

(2)(a) If the indictment or count in the indictment contains one or more specifications of aggravating circumstances listed in division (A) of section 2929.04 of the Revised Code and if the offender is found guilty of both the charge and one or more of the specifications, the penalty to be imposed on the offender shall be one of the following:

(i) Except as provided in division (C)(2)(a)(ii), (C)(2)(a)(iii), or (H) and subject to divisions (D)(1) and (E) of this section, the penalty to be imposed on the offender shall be death, life imprisonment without parole, life imprisonment with parole eligibility after serving twenty-five full years of imprisonment, or life imprisonment with parole eligibility after serving thirty full years of imprisonment.

(ii) Except as provided in division (C)(2)(a)(iii) or (H) of this section, if the victim of the aggravated murder was less than thirteen years of age, the offender also is convicted of or pleads guilty to a sexual motivation specification that was included in the indictment, count in the indictment, or information charging the offense, and the trial court does not impose a sentence of death or life imprisonment without parole on the offender pursuant to division (C)(2)(a)(i) of this section, the penalty to be imposed on the offender shall be an indefinite term consisting of a minimum term of thirty years and a maximum term of life imprisonment that shall be imposed pursuant to division (B)(3) of section 2971.03 of the Revised Code and served pursuant to that section.

(iii) If the offender also is convicted of or pleads guilty to a sexual motivation specification and a sexually violent predator specification that are included in the indictment, count in the indictment, or information that charged the aggravated murder, except as provided in division (H) of this section, the penalty to be imposed on the offender shall be death or life imprisonment without parole that shall be served pursuant to section 2971.03 of the Revised Code.

(b) A penalty imposed pursuant to division (C)(2)(a)(i), (ii), or (iii) of this section shall be determined pursuant to divisions (D) and (E) of this section and shall be determined by one of the following:

(i) By the panel of three judges that tried the offender upon the offender's waiver of the right to trial by jury;

(ii) By the trial jury and the trial judge, if the offender was tried by jury.

(D)(1) 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 the offense or raised the matter of the offender's serious mental illness at the time of the commission of the offense pursuant to section 2929.025 of the Revised Code and was found under that section to be ineligible for a sentence of death due to serious mental illness. When death may be imposed as a penalty for aggravated murder, the court shall proceed under this division. When death may be imposed as a penalty, the court, upon the request of the defendant, shall require a pre-sentence investigation to be made and, upon the request of the defendant, shall require a mental examination to be made, and shall require reports of the investigation and of any mental examination submitted to the court, pursuant to section 2947.06 of the Revised Code. No statement made or information provided by a defendant in a mental examination or proceeding conducted pursuant to this division shall be disclosed to any person, except as provided in this division, or be used in evidence against the defendant on the issue of guilt in any retrial. A pre-sentence investigation or mental examination shall not be made except upon request of the defendant. Copies of any reports prepared under this division shall be furnished to the court, to the trial jury if the offender was tried by a jury, to the prosecutor, and to the offender or the offender's counsel for use under this division. The court, and the trial jury if the offender was tried by a jury, shall consider any report prepared pursuant to this division and furnished to it and any evidence raised at trial that is relevant to the aggravating circumstances the offender was found guilty of committing or to any factors in mitigation of the imposition of the sentence of death, shall hear testimony and other evidence that is relevant to the nature and circumstances of the aggravating circumstances the offender was found guilty of committing, the mitigating factors set forth in division (B) of section 2929.04 of the Revised Code, and any other factors in mitigation of the imposition of the sentence of death, and shall hear the statement, if any, of the offender, and the arguments, if any, of counsel for the defense and prosecution, that are relevant to the penalty that should be imposed on the offender. The defendant shall be given great latitude in the presentation of evidence of the mitigating factors set forth in division (B) of section 2929.04 of the Revised Code and of any other factors in mitigation of the imposition of the sentence of death. If the offender chooses to make a statement, the offender is subject to cross-examination only if the offender consents to make the statement under oath or affirmation.

The defendant shall have the burden of going forward with the evidence of any factors in mitigation of the imposition of the sentence of death. The prosecution shall have the burden of proving, by proof beyond a reasonable doubt, that the aggravating circumstances the defendant was found guilty of committing are sufficient to outweigh the factors in mitigation of the imposition of the sentence of death.

(2) Upon consideration of the relevant evidence raised at trial, the testimony, other evidence, statement of the offender, arguments of counsel, and, if applicable, the reports submitted pursuant to division (D)(1) of this section, the trial jury, if the offender was tried by a jury, shall determine whether the aggravating circumstances the offender was found guilty of committing are sufficient to outweigh the mitigating factors present in the case. If the trial jury unanimously finds, by proof beyond a reasonable doubt, that the aggravating circumstances the offender was found guilty of committing outweigh the mitigating factors, the trial jury shall recommend to the court that the sentence of death be imposed on the offender. Absent such a finding, the jury shall recommend that the offender be sentenced to one of the following:

(a) Except as provided in division (D)(2)(b), (D)(2)(c) or (H) of this section, to life imprisonment without parole, life imprisonment with parole eligibility after serving twenty-five full years of imprisonment, or life imprisonment with parole eligibility after serving thirty full years of imprisonment;

(b) Except as provided in division (D)(2)(c) or (H) of this section, if the victim of the aggravated murder was less than thirteen years of age, the offender also is convicted of or pleads guilty to a sexual motivation specification that was included in the indictment, count in the indictment, or information charging the offense, and the jury does not recommend a sentence of life imprisonment without parole pursuant to division (D)(2)(a) of this section, to an indefinite term consisting of a minimum term of thirty years and a maximum term of life imprisonment to be imposed pursuant to division (B)(3) of section 2971.03 of the Revised Code and served pursuant to that section.

(c) If the offender also is convicted of or pleads guilty to a sexual motivation specification and a sexually violent predator specification that are included in the indictment, count in the indictment, or information that charged the aggravated murder, except as provided in division (H) of this section, to life imprisonment without parole.

If the trial jury recommends that the offender be sentenced to life imprisonment without parole, life imprisonment with parole eligibility after serving twenty-five full years of imprisonment, life imprisonment with parole eligibility after serving thirty full years of imprisonment, or an indefinite term consisting of a minimum term of thirty years and a maximum term of life imprisonment to be imposed pursuant to division (B)(3) of section 2971.03 of the Revised Code, except as provided in division (H) of this section, the court shall impose the sentence recommended by the jury upon the offender. If the sentence is an indefinite term consisting of a minimum term of thirty years and a maximum term of life imprisonment imposed as described in division (D)(2)(b) of this section or a sentence of life imprisonment without parole imposed under division (D)(2)(c) of this section, the sentence shall be served pursuant to section 2971.03 of the Revised Code. If the trial jury recommends that the sentence of death be imposed upon the offender, the court shall proceed to impose sentence pursuant to division (D)(3) of this section.

(3) Upon consideration of the relevant evidence raised at trial, the testimony, other evidence, statement of the offender, arguments of counsel, and, if applicable, the reports submitted to the court pursuant to division (D)(1) of this section, if, after receiving pursuant to division (D)(2) of this section the trial jury's recommendation that the sentence of death be imposed, the court finds, by proof beyond a reasonable doubt, or if the panel of three judges unanimously finds, by proof beyond a reasonable doubt, that the aggravating circumstances the offender was found guilty of committing outweigh the mitigating factors, it shall impose sentence of death on the offender. Absent such a finding by the court or panel, the court or the panel shall impose one of the following sentences on the offender:

(a) Except as provided in division (D)(3)(b) or (H) of this section, one of the following:

(i) Life imprisonment without parole;

(ii) Subject to division (D)(3)(a)(iv) of this section, life imprisonment with parole eligibility after serving twenty-five full years of imprisonment;

(iii) Subject to division (D)(3)(a)(iv) of this section, life imprisonment with parole eligibility after serving thirty full years of imprisonment;

(iv) If the victim of the aggravated murder was less than thirteen years of age, the offender also is convicted of or pleads guilty to a sexual motivation specification that was included in the indictment, count in the indictment, or information charging the offense, and the trial court does not impose a sentence of life imprisonment without parole on the offender pursuant to division (D)(3)(a)(i) of this section, the court or panel shall sentence the offender pursuant to division (B)(3) of section 2971.03 of the Revised Code to an indefinite term consisting of a minimum term of thirty years and a maximum term of life imprisonment.

(b) If the offender also is convicted of or pleads guilty to a sexual motivation specification and a sexually violent predator specification that are included in the indictment, count in the indictment, or information that charged the aggravated murder, except as provided in division (H) of this section, life imprisonment without parole that shall be served pursuant to section 2971.03 of the Revised Code.

(E)(1) If the offender raised the matter of age at trial pursuant to section 2929.023 of the Revised Code, was convicted of aggravated murder and one or more specifications of an aggravating circumstance listed in division (A) of section 2929.04 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 the offense, the court or the panel of three judges shall not impose a sentence of death on the offender. Instead, the court or panel shall impose one of the following sentences on the offender:

(a) Except as provided in division (E)(1)(b) or (H) of this section, one of the following:

(i) Life imprisonment without parole;

(ii) Subject to division (E)(1)(a)(iv) of this section, life imprisonment with parole eligibility after serving twenty-five full years of imprisonment;

(iii) Subject to division (E)(1)(a)(iv) of this section, life imprisonment with parole eligibility after serving thirty full years of imprisonment;

(iv) If the victim of the aggravated murder was less than thirteen years of age, the offender also is convicted of or pleads guilty to a sexual motivation specification that was included in the indictment, count in the indictment, or information charging the offense, and the trial court does not impose a sentence of life imprisonment without parole on the offender pursuant to division (E)(1)(a)(i) of this section, the court or panel shall sentence the offender pursuant to division (B)(3) of section 2971.03 of the Revised Code to an indefinite term consisting of a minimum term of thirty years and a maximum term of life imprisonment.

(b) If the offender also is convicted of or pleads guilty to a sexual motivation specification and a sexually violent predator specification that are included in the indictment, count in the indictment, or information that charged the aggravated murder, except as provided in division (H) of this section, life imprisonment without parole that shall be served pursuant to section 2971.03 of the Revised Code.

(2) If the offender raised the matter of the offender's serious mental illness at the time of the commission of the offense pursuant to section 2929.025 of the Revised Code, was found under that section to be ineligible for a sentence of death due to serious mental illness, and was convicted of aggravated murder and one or more specifications of an aggravating circumstance listed in division (A) of section 2929.04 of the Revised Code, the court or panel of three judges shall not impose a sentence of death on the offender. Instead, the court or panel shall sentence the offender to life imprisonment without parole.

(F) The court or the panel of three judges, when it imposes sentence of death, shall state in a separate opinion its specific findings as to the existence of any of the mitigating factors set forth in division (B) of section 2929.04 of the Revised Code, the existence of any other mitigating factors, the aggravating circumstances the offender was found guilty of committing, and the reasons why the aggravating circumstances the offender was found guilty of committing were sufficient to outweigh the mitigating factors. The court or panel, when it imposes life imprisonment or an indefinite term consisting of a minimum term of thirty years and a maximum term of life imprisonment under division (D) of this section, shall state in a separate opinion its specific findings of which of the mitigating factors set forth in division (B) of section 2929.04 of the Revised Code it found to exist, what other mitigating factors it found to exist, what aggravating circumstances the offender was found guilty of committing, and why it could not find that these aggravating circumstances were sufficient to outweigh the mitigating factors. For cases in which a sentence of death is imposed for an offense committed before January 1, 1995, the court or panel shall file the opinion required to be prepared by this division with the clerk of the appropriate court of appeals and with the clerk of the supreme court within fifteen days after the court or panel imposes sentence. For cases in which a sentence of death is imposed for an offense committed on or after January 1, 1995, the court or panel shall file the opinion required to be prepared by this division with the clerk of the supreme court within fifteen days after the court or panel imposes sentence. The judgment in a case in which a sentencing hearing is held pursuant to this section is not final until the opinion is filed.

(G)(1) Whenever the court or a panel of three judges imposes a sentence of death for an offense committed before January 1, 1995, the clerk of the court in which the judgment is rendered shall make and retain a copy of the entire record in the case, and shall deliver the original of the entire record in the case to the appellate court.

(2) Whenever the court or a panel of three judges imposes a sentence of death for an offense committed on or after January 1, 1995, the clerk of the court in which the judgment is rendered shall make and retain a copy of the entire record in the case, and shall deliver the original of the entire record in the case to the supreme court.

(H) A court shall not impose a sentence of life imprisonment without parole on a person under division (A)(1) or (2), (C)(1) or (2), (D)(2) or (3), or (E)(1) or (2) of this section for an offense that was committed when the person was under eighteen years of age.

The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.

Notes of Decisions
Cited in 714 cases (92 in the last 5 years), 1976–2026 · leading case: State v. Mason (Slip Opinion), 2018 Ohio 1462 (Ohio 2018).
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State v. Mason (Slip Opinion), 2018 Ohio 1462 (Ohio 2018). · cites it 49× “The essential steps outlined below are required under current law and under the versions of R.C. 2929.03 and 2929.04 in effect when Dennis was killed in 1993.”
State v. Griffin, 2013 Ohio 5481 (Ohio 2013). · cites it 76× “{¶ 9} On February 1, 1990, Griffin filed a notice of appeal that included the following assignment of error: “The trial court erred in the sentencing of the appellant by not following the mandates of R.”
State v. Jackson (Slip Opinion), 2016 Ohio 5488 (Ohio 2016). · cites it 28× “) {¶ 20} We ordered the following relief in Roberts I: On remand, the trial judge will afford Roberts her right to allocute, and the trial court shall personally review and evaluate the evidence, weigh the aggravating circumstances against any relevant mitigating evidence, and…”
State v. Jenkins, 473 N.E.2d 264 (Ohio 1984). · cites it 31× “See R.C. 2929.03 et seq. For the reasons to follow, we hold the death penalty statutes to be constitutional and, in this case, to have been applied in a constitutional manner.”
State v. Ketterer, 2010 OH 3831 (Ohio 2010). · cites it 22× “Requirements for final, appealable orders under R.C. 2929.03(F) {¶ 6} Because it is potentially dispositive of this case, we first address Proposition of Law II, in which Ketterer states that a trial court's sentencing must be vacated if it does not contain the information…”
State v. Patrick (Slip Opinion), 2020 Ohio 6803 (Ohio 2020). · cites it 20× “RELEVANT BACKGROUND {¶ 3} Appellant, Kyle Patrick, was charged in the Mahoning County Juvenile Court with offenses stemming from the fatal shooting of Michael Abinghanem that occurred in April 2012, when Patrick was 17 years old.”
State v. Mason, 2016 Ohio 8400 (Ohio Ct. App. 2016). · cites it 40× “{¶ 21} Ohio's death penalty is governed by R.C. 2929.03 and R.C. 2929.04. 2 R.C. 2929.”
Robert A. Buell v. Betty Mitchell, Warden, 274 F.3d 337 (6th Cir. 2001). · cites it 15× “03(D)(1), the state bears the burden of proof that the aggravating circumstances outweigh the mitigating factors in a capital murder trial, pursuant to Ohio Rev.Code § 2929.03(D)(2). Therefore, Buell claims that instructing the jury that the defendant had the burden of “going…”
State v. Roberts, 2013 Ohio 4580 (Ohio 2013). · cites it 29× “In Roberts I, we instructed the trial court as follows: On remand, the trial judge will afford Roberts her right to allocute, and the trial court shall personally review and evaluate the evidence, weigh the aggravating circumstances against any relevant mitigating evidence, and…”
State v. Belton (Slip Opinion), 2016 Ohio 1581 (Ohio 2016). · cites it 11× “Second, Belton argued that R.C. 2929.03 and Crim.R. 11(C)(3) are unconstitutional because they do not allow a capital defendant to have a jury determine his or her sentence if the defendant enters a plea of guilty or no *166 contest.”
State v. Grevious, 2022 Ohio 4361 (Ohio 2022). · cites it 26× “Relevant Background {¶ 2} R.C. 2929.03 sets forth the procedures for sentencing a defendant for aggravated murder.”
State v. Myers (Slip Opinion), 2018 Ohio 1903 (Ohio 2018). · cites it 9× “Sentencing Opinion {¶ 177} In his 12th proposition of law, Myers contends that the trial court violated R.C. 2929.03(F) by combining its judgment entry with the sentencing opinion in one document.”
Show all 714 citing cases →
— Ohio Rev. Code § 2929.03(1) — 1 case
McFarland v. Baldauf (N.D. Ohio 2025).
— Ohio Rev. Code § 2929.03(1)(b) — 2 cases
Ellis v. Ohio Dep't of Rehab. & Corr. (S.D. Ohio 2025).
Ellis (S.D. Ohio 2026).
— Ohio Rev. Code § 2929.03(2)(B) — 1 case
United States v. Johnson, 362 F. Supp. 2d 1043 (N.D. Iowa 2005).
— Ohio Rev. Code § 2929.03(A) — 76 cases
State v. Patrick (Slip Opinion), 2020 Ohio 6803 (Ohio 2020). “RELEVANT BACKGROUND {¶ 3} Appellant, Kyle Patrick, was charged in the Mahoning County Juvenile Court with offenses stemming from the fatal shooting of Michael Abinghanem that occurred in April 2012, when Patrick was 17 years old.”
State v. Long, 2014 Ohio 849 (Ohio 2014).
State v. Joseph, 2010 Ohio 954 (Ohio 2010).
State v. Smith, 2019 Ohio 155 (Ohio Ct. App. 2019).
State v. Lomax, 2002 Ohio 4453 (Ohio 2002).
— Ohio Rev. Code § 2929.03(A)(1) — 39 cases
State v. Patrick (Slip Opinion), 2020 Ohio 6803 (Ohio 2020). “RELEVANT BACKGROUND {¶ 3} Appellant, Kyle Patrick, was charged in the Mahoning County Juvenile Court with offenses stemming from the fatal shooting of Michael Abinghanem that occurred in April 2012, when Patrick was 17 years old.”
State v. Phillips, 2012 Ohio 5950 (Ohio Ct. App. 2012).
State v. Long, 2014 Ohio 849 (Ohio 2014).
State v. Clark, 893 N.E.2d 462 (Ohio 2008).
State v. Day, 2019 Ohio 4816 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 2929.03(A)(1)(2) — 1 case
State v. Sneed, 584 N.E.2d 1160 (Ohio 1992).
— Ohio Rev. Code § 2929.03(A)(1)(C)(1) — 1 case
State v. Miller, 2020 Ohio 131 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 2929.03(A)(1)(C)(6) — 1 case
State v. Floyd, 2016 Ohio 1443 (Ohio Ct. App. 2016).
— Ohio Rev. Code § 2929.03(A)(1)(a) — 23 cases
State v. Clark, 893 N.E.2d 462 (Ohio 2008).
State v. Nitsche, 2016 Ohio 3170 (Ohio Ct. App. 2016).
State v. Patrick (Slip Opinion), 2020 Ohio 6803 (Ohio 2020). “RELEVANT BACKGROUND {¶ 3} Appellant, Kyle Patrick, was charged in the Mahoning County Juvenile Court with offenses stemming from the fatal shooting of Michael Abinghanem that occurred in April 2012, when Patrick was 17 years old.”
State v. Jackson, 2014 Ohio 3583 (Ohio Ct. App. 2014).
State v. Fuell, 2021 Ohio 1627 (Ohio Ct. App. 2021).
— Ohio Rev. Code § 2929.03(A)(1)(b) — 9 cases
State v. Patrick (Slip Opinion), 2020 Ohio 6803 (Ohio 2020). “RELEVANT BACKGROUND {¶ 3} Appellant, Kyle Patrick, was charged in the Mahoning County Juvenile Court with offenses stemming from the fatal shooting of Michael Abinghanem that occurred in April 2012, when Patrick was 17 years old.”
State v. Leegrand, 2022 Ohio 3623 (Ohio 2022).
State v. Smith, 2019 Ohio 155 (Ohio Ct. App. 2019).
State v. Duncan, 2017 Ohio 8103 (Ohio Ct. App. 2017).
State v. Leegrand, 2020 Ohio 3179 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 2929.03(A)(1)(c) — 3 cases
State v. Patrick (Slip Opinion), 2020 Ohio 6803 (Ohio 2020). “RELEVANT BACKGROUND {¶ 3} Appellant, Kyle Patrick, was charged in the Mahoning County Juvenile Court with offenses stemming from the fatal shooting of Michael Abinghanem that occurred in April 2012, when Patrick was 17 years old.”
State v. Leegrand, 2022 Ohio 3623 (Ohio 2022).
State v. Reed, 2018 Ohio 4518 (Ohio Ct. App. 2018).
— Ohio Rev. Code § 2929.03(A)(1)(d) — 7 cases
State v. Patrick (Slip Opinion), 2020 Ohio 6803 (Ohio 2020). “RELEVANT BACKGROUND {¶ 3} Appellant, Kyle Patrick, was charged in the Mahoning County Juvenile Court with offenses stemming from the fatal shooting of Michael Abinghanem that occurred in April 2012, when Patrick was 17 years old.”
State v. Lawrence, 2023 Ohio 3419 (Ohio Ct. App. 2023).
State v. Moore, 2012 Ohio 1958 (Ohio Ct. App. 2012).
State v. Miller, 2014 Ohio 2936 (Ohio Ct. App. 2014).
State v. West, 2012 Ohio 2758 (Ohio Ct. App. 2012).
— Ohio Rev. Code § 2929.03(A)(2) — 3 cases
State v. Lawson, 2024 Ohio 2466 (Ohio Ct. App. 2024).
State v. Ervin, 2018 Ohio 1359 (Ohio Ct. App. 2018).
Lindsey v. Bradshaw (S.D. Ohio 2020).
— Ohio Rev. Code § 2929.03(A)(3) — 1 case
State v. Sowell, 530 N.E.2d 1294 (Ohio 1988).
— Ohio Rev. Code § 2929.03(A)(7) — 2 cases
State v. Green, 2000 Ohio 182 (Ohio 2000).
State v. Green, 2000 Ohio 182 (Ohio 2000).
— Ohio Rev. Code § 2929.03(A)(b) — 1 case
State v. Smith, 2019 Ohio 155 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 2929.03(B) — 31 cases
State v. Mason (Slip Opinion), 2018 Ohio 1462 (Ohio 2018). “The essential steps outlined below are required under current law and under the versions of R.C. 2929.03 and 2929.04 in effect when Dennis was killed in 1993.”
State v. Biros, 678 N.E.2d 891 (Ohio 1997).
State v. Beasley, 108 N.E.3d 1028 (Ohio 2018).
State v. Slagle, 605 N.E.2d 916 (Ohio 1992).
State v. Biros, 1997 Ohio 204 (Ohio 1997).
— Ohio Rev. Code § 2929.03(B)(3) — 3 cases
State v. Neyland (Slip Opinion), 2014 Ohio 1914 (Ohio 2014).
State v. Seiber, 564 N.E.2d 408 (Ohio 1990).
Dickerson v. Mitchell, 336 F. Supp. 2d 770 (N.D. Ohio 2004).
— Ohio Rev. Code § 2929.03(B)(3)(a) — 1 case
Stallings v. Bagley, 561 F. Supp. 2d 821 (N.D. Ohio 2008).
— Ohio Rev. Code § 2929.03(B)(7) — 1 case
Jamison v. Collins, 100 F. Supp. 2d 647 (S.D. Ohio 2000).
— Ohio Rev. Code § 2929.03(C) — 3 cases
State v. Lewis, 616 N.E.2d 921 (Ohio 1993).
State v. Dickerson, 543 N.E.2d 1250 (Ohio 1989).
State v. Lewis, 1993 Ohio 181 (Ohio 1993).
— Ohio Rev. Code § 2929.03(C)(1) — 6 cases
State v. Phillips, 2012 Ohio 5950 (Ohio Ct. App. 2012).
State v. Johnson, 2020 Ohio 191 (Ohio Ct. App. 2020).
State ex rel. Ellis v. Adult Parole Auth., 2025 Ohio 1625 (Ohio 2025).
State v. Carter, 2018 Ohio 645 (Ohio Ct. App. 2018).
State ex rel. Ellis v. Adult Parole Auth., 2025 Ohio 1625 (Ohio 2025).
— Ohio Rev. Code § 2929.03(C)(1)(a) — 3 cases
State v. Martin, 736 N.E.2d 907 (Ohio Ct. App. 1999).
State v. Singleton, 2019 Ohio 1477 (Ohio Ct. App. 2019).
Franks v. Collins (N.D. Ohio 2020).
— Ohio Rev. Code § 2929.03(C)(2) — 35 cases
State v. Mason (Slip Opinion), 2018 Ohio 1462 (Ohio 2018). “The essential steps outlined below are required under current law and under the versions of R.C. 2929.03 and 2929.04 in effect when Dennis was killed in 1993.”
State ex rel. Davis v. Janas (Slip Opinion), 2020 Ohio 1462 (Ohio 2020).
State v. Smith, 2019 Ohio 155 (Ohio Ct. App. 2019).
State v. Springer, 586 N.E.2d 96 (Ohio 1992).
State v. Monroe, 105 Ohio St. 3d 384 (Ohio 2005).
— Ohio Rev. Code § 2929.03(C)(2)(a) — 7 cases
State v. Griffin, 2013 Ohio 5481 (Ohio 2013). “{¶ 9} On February 1, 1990, Griffin filed a notice of appeal that included the following assignment of error: “The trial court erred in the sentencing of the appellant by not following the mandates of R.”
State v. Short, 2011 OH 3641 (Ohio 2011).
State v. Jells, 559 N.E.2d 464 (Ohio 1990).
State v. Short, 2011 Ohio 3641 (Ohio 2011).
State v. Brock, 675 N.E.2d 18 (Ohio Ct. App. 1996).
— Ohio Rev. Code § 2929.03(C)(2)(a)(i) — 6 cases
State v. Grevious, 2022 Ohio 4361 (Ohio 2022). “Relevant Background {¶ 2} R.C. 2929.03 sets forth the procedures for sentencing a defendant for aggravated murder.”
State v. Carr, 2014 Ohio 806 (Ohio Ct. App. 2014).
State v. Harwell, 102 Ohio St. 3d 128 (Ohio 2004).
State v. Duncan, 2024 Ohio 5610 (Ohio Ct. App. 2024).
State v. Slaughter, 2019 Ohio 2154 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 2929.03(C)(2)(b) — 13 cases
State v. Mason (Slip Opinion), 2018 Ohio 1462 (Ohio 2018). “The essential steps outlined below are required under current law and under the versions of R.C. 2929.03 and 2929.04 in effect when Dennis was killed in 1993.”
State v. Roberts (Slip Opinion), 2017 Ohio 2998 (Ohio 2017).
Richard Cooey v. Ralph Coyle, Warden, 289 F.3d 882 (6th Cir. 2002).
State v. Tyler, 553 N.E.2d 576 (Ohio 1990).
State v. Penix, 513 N.E.2d 744 (Ohio 1987).
— Ohio Rev. Code § 2929.03(C)(2)(b)(i) — 3 cases
State v. Griffin, 2013 Ohio 5481 (Ohio 2013). “{¶ 9} On February 1, 1990, Griffin filed a notice of appeal that included the following assignment of error: “The trial court erred in the sentencing of the appellant by not following the mandates of R.”
The State Ex Rel. O'malley v. Collier-williams, Judge., 2018 Ohio 3154 (Ohio 2018).
Von Davis v. Charlotte Jenkins, 115 F.4th 545 (6th Cir. 2024).
— Ohio Rev. Code § 2929.03(C)(2)(b)(ii) — 4 cases
State v. Grevious, 2022 Ohio 4361 (Ohio 2022). “Relevant Background {¶ 2} R.C. 2929.03 sets forth the procedures for sentencing a defendant for aggravated murder.”
State v. Roberts (Slip Opinion), 2017 Ohio 2998 (Ohio 2017).
State v. Golsby, 2020 Ohio 4651 (Ohio Ct. App. 2020).
State ex rel. Russo v. McDonnell, 110 Ohio St. 3d 144 (Ohio 2006).
— Ohio Rev. Code § 2929.03(C)(a)(i) — 1 case
State v. Moore, 2025 Ohio 2662 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2929.03(D) — 63 cases
State v. Griffin, 2013 Ohio 5481 (Ohio 2013). “{¶ 9} On February 1, 1990, Griffin filed a notice of appeal that included the following assignment of error: “The trial court erred in the sentencing of the appellant by not following the mandates of R.”
State v. Hill, 661 N.E.2d 1068 (Ohio 1996).
State v. White, 2012 Ohio 2583 (Ohio 2012).
State v. Thompson (Slip Opinion), 2014 Ohio 4751 (Ohio 2014).
State v. Post, 513 N.E.2d 754 (Ohio 1987).
— Ohio Rev. Code § 2929.03(D)(1) — 193 cases
State v. Jenkins, 473 N.E.2d 264 (Ohio 1984). “See R.C. 2929.03 et seq. For the reasons to follow, we hold the death penalty statutes to be constitutional and, in this case, to have been applied in a constitutional manner.”
State v. McAlpin, 2022 Ohio 1567 (Ohio 2022).
State v. Roberts, 2013 Ohio 4580 (Ohio 2013). “In Roberts I, we instructed the trial court as follows: On remand, the trial judge will afford Roberts her right to allocute, and the trial court shall personally review and evaluate the evidence, weigh the aggravating circumstances against any relevant mitigating evidence, and…”
State v. Ford (Slip Opinion), 2019 Ohio 4539 (Ohio 2019).
State v. Esparza, 529 N.E.2d 192 (Ohio 1988).
— Ohio Rev. Code § 2929.03(D)(2) — 148 cases
State v. Jenkins, 473 N.E.2d 264 (Ohio 1984). “See R.C. 2929.03 et seq. For the reasons to follow, we hold the death penalty statutes to be constitutional and, in this case, to have been applied in a constitutional manner.”
State v. Mason (Slip Opinion), 2018 Ohio 1462 (Ohio 2018). “The essential steps outlined below are required under current law and under the versions of R.C. 2929.03 and 2929.04 in effect when Dennis was killed in 1993.”
Robert A. Buell v. Betty Mitchell, Warden, 274 F.3d 337 (6th Cir. 2001). “03(D)(1), the state bears the burden of proof that the aggravating circumstances outweigh the mitigating factors in a capital murder trial, pursuant to Ohio Rev.Code § 2929.03(D)(2). Therefore, Buell claims that instructing the jury that the defendant had the burden of “going…”
State v. Mason, 2016 Ohio 8400 (Ohio Ct. App. 2016). “{¶ 21} Ohio's death penalty is governed by R.C. 2929.03 and R.C. 2929.04. 2 R.C. 2929.”
Henderson v. Collins, 101 F. Supp. 2d 866 (S.D. Ohio 1999).
— Ohio Rev. Code § 2929.03(D)(2)(a) — 6 cases
State v. Grevious, 2022 Ohio 4361 (Ohio 2022). “Relevant Background {¶ 2} R.C. 2929.03 sets forth the procedures for sentencing a defendant for aggravated murder.”
State v. Murphy, 747 N.E.2d 765 (Ohio 2001).
State v. Murphy, 2001 Ohio 112 (Ohio 2001).
State v. Grevious, 2019 Ohio 1932 (Ohio Ct. App. 2019).
State v. Davis, 2011 Ohio 292 (Ohio Ct. App. 2011).
— Ohio Rev. Code § 2929.03(D)(2)(b) — 1 case
State v. Mason, 2016 Ohio 8400 (Ohio Ct. App. 2016). “{¶ 21} Ohio's death penalty is governed by R.C. 2929.03 and R.C. 2929.04. 2 R.C. 2929.”
— Ohio Rev. Code § 2929.03(D)(2)(c) — 4 cases
State v. Grevious, 2022 Ohio 4361 (Ohio 2022). “Relevant Background {¶ 2} R.C. 2929.03 sets forth the procedures for sentencing a defendant for aggravated murder.”
State v. Kirkland, 2022 Ohio 4325 (Ohio Ct. App. 2022).
State v. Golsby, 2020 Ohio 4651 (Ohio Ct. App. 2020).
State v. Gibson, 2024 Ohio 658 (Ohio Ct. App. 2024).
— Ohio Rev. Code § 2929.03(D)(3) — 64 cases
State v. Mason (Slip Opinion), 2018 Ohio 1462 (Ohio 2018). “The essential steps outlined below are required under current law and under the versions of R.C. 2929.03 and 2929.04 in effect when Dennis was killed in 1993.”
State v. Green, 2000 Ohio 182 (Ohio 2000).
State v. Griffin, 2013 Ohio 5481 (Ohio 2013). “{¶ 9} On February 1, 1990, Griffin filed a notice of appeal that included the following assignment of error: “The trial court erred in the sentencing of the appellant by not following the mandates of R.”
State v. Palmer, 1997 Ohio 312 (Ohio 1997).
Robert A. Buell v. Betty Mitchell, Warden, 274 F.3d 337 (6th Cir. 2001). “03(D)(1), the state bears the burden of proof that the aggravating circumstances outweigh the mitigating factors in a capital murder trial, pursuant to Ohio Rev.Code § 2929.03(D)(2). Therefore, Buell claims that instructing the jury that the defendant had the burden of “going…”
— Ohio Rev. Code § 2929.03(D)(3)(a) — 2 cases
State v. Griffin, 2013 Ohio 5481 (Ohio 2013). “{¶ 9} On February 1, 1990, Griffin filed a notice of appeal that included the following assignment of error: “The trial court erred in the sentencing of the appellant by not following the mandates of R.”
State v. Hollingsworth, 758 N.E.2d 713 (Ohio Ct. App. 2001).
— Ohio Rev. Code § 2929.03(D)(3)(b) — 1 case
State v. Griffin, 2011 Ohio 1638 (Ohio Ct. App. 2011).
— Ohio Rev. Code § 2929.03(D)(5) — 1 case
State v. Davis, 528 N.E.2d 925 (Ohio 1988).
— Ohio Rev. Code § 2929.03(D)(i) — 1 case
Ritchie v. State, 809 N.E.2d 258 (Ind. 2004).
— Ohio Rev. Code § 2929.03(D)(l) — 1 case
Madrigal v. Bagley, 276 F. Supp. 2d 744 (N.D. Ohio 2003).
— Ohio Rev. Code § 2929.03(DX3) — 1 case
State v. Evans, 3 Ohio App. Unrep. 177 (Ohio Ct. App. 1990).
— Ohio Rev. Code § 2929.03(E) — 7 cases
Jells v. Mitchell, 538 F.3d 478 (6th Cir. 2008).
State v. Griffin, 2013 Ohio 5481 (Ohio 2013). “{¶ 9} On February 1, 1990, Griffin filed a notice of appeal that included the following assignment of error: “The trial court erred in the sentencing of the appellant by not following the mandates of R.”
Johnson v. Sloan (Slip Opinion), 2018 Ohio 2120 (Ohio 2018).
Martin v. Dugger, 686 F. Supp. 1523 (S.D. Fla. 1988).
State v. Simmonds, 2017 Ohio 2739 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 2929.03(E)(1)(a) — 1 case
State v. Simmonds, 2017 Ohio 2739 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 2929.03(E)(2) — 2 cases
State v. Long, 2012 Ohio 3052 (Ohio Ct. App. 2012).
State v. Baker, 2024 Ohio 906 (Ohio Ct. App. 2024).
— Ohio Rev. Code § 2929.03(F) — 184 cases
State v. Jackson (Slip Opinion), 2016 Ohio 5488 (Ohio 2016). “) {¶ 20} We ordered the following relief in Roberts I: On remand, the trial judge will afford Roberts her right to allocute, and the trial court shall personally review and evaluate the evidence, weigh the aggravating circumstances against any relevant mitigating evidence, and…”
State v. Ketterer, 2010 OH 3831 (Ohio 2010). “Requirements for final, appealable orders under R.C. 2929.03(F) {¶ 6} Because it is potentially dispositive of this case, we first address Proposition of Law II, in which Ketterer states that a trial court's sentencing must be vacated if it does not contain the information…”
State v. Myers (Slip Opinion), 2018 Ohio 1903 (Ohio 2018). “Sentencing Opinion {¶ 177} In his 12th proposition of law, Myers contends that the trial court violated R.C. 2929.03(F) by combining its judgment entry with the sentencing opinion in one document.”
State v. Griffin, 2013 Ohio 5481 (Ohio 2013). “{¶ 9} On February 1, 1990, Griffin filed a notice of appeal that included the following assignment of error: “The trial court erred in the sentencing of the appellant by not following the mandates of R.”
State v. Thompson (Slip Opinion), 2014 Ohio 4751 (Ohio 2014).
— Ohio Rev. Code § 2929.03(G) — 7 cases
State v. Palmer, 1997 Ohio 312 (Ohio 1997).
State v. Drain, 2022 Ohio 3697 (Ohio 2022).
State v. Watson, 572 N.E.2d 97 (Ohio 1991).
Loza v. Mitchell, 705 F. Supp. 2d 773 (S.D. Ohio 2010).
State ex rel. Steffen v. Kraft, 619 N.E.2d 688 (Ohio 1993).
— Ohio Rev. Code § 2929.03(G)(1) — 1 case
State v. Ketterer, 111 Ohio St. 3d 70 (Ohio 2006).
— Ohio Rev. Code § 2929.03(H) — 3 cases
State v. Woods, 2024 Ohio 467 (Ohio Ct. App. 2024).
Winona M. Fletcher v. State of Alaska (Alaska Ct. App. 2023).
Winona M. Fletcher v. State of Alaska (Alaska Ct. App. 2023).
— Ohio Rev. Code § 2929.03(b) — 1 case
State v. Dowdy, 2015 Ohio 318 (Ohio Ct. App. 2015).
— Ohio Rev. Code § 2929.03(c)(2) — 1 case
Bonnell v. Mitchel, 301 F. Supp. 2d 698 (N.D. Ohio 2004).
— Ohio Rev. Code § 2929.03(d)(1) — 1 case
Borchardt v. State, 786 A.2d 631 (Md. 2001).
— Ohio Rev. Code § 2929.03(d)(2) — 2 cases
State v. Twyford, 94 Ohio St. 3d 340 (Ohio 2002).
State v. Twyford, 2002 Ohio 894 (Ohio 2002).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.