Ohio Rev. Code » Chapter 2929
Ohio Revised Code

Ohio Rev. Code § 2929.04 (2026)

Death penalty or imprisonment - aggravating and mitigating factors

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Effective:
April 12, 2021
Latest Legislation:
House Bill 136 - 133rd General Assembly
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(A) Imposition of the death penalty for aggravated murder is precluded unless one or more of the following is specified in the indictment or count in the indictment pursuant to section 2941.14 of the Revised Code and proved beyond a reasonable doubt:

(1) The offense was the assassination of the president of the United States or a person in line of succession to the presidency, the governor or lieutenant governor of this state, the president-elect or vice president-elect of the United States, the governor-elect or lieutenant governor-elect of this state, or a candidate for any of the offices described in this division. For purposes of this division, a person is a candidate if the person has been nominated for election according to law, if the person has filed a petition or petitions according to law to have the person's name placed on the ballot in a primary or general election, or if the person campaigns as a write-in candidate in a primary or general election.

(2) The offense was committed for hire.

(3) The offense was committed for the purpose of escaping detection, apprehension, trial, or punishment for another offense committed by the offender.

(4) The offense was committed while the offender was under detention or while the offender was at large after having broken detention. As used in division (A)(4) of this section, "detention" has the same meaning as in section 2921.01 of the Revised Code, except that detention does not include hospitalization, institutionalization, or confinement in a mental health facility or intellectual disabilities facility unless at the time of the commission of the offense either of the following circumstances apply:

(a) The offender was in the facility as a result of being charged with a violation of a section of the Revised Code.

(b) The offender was under detention as a result of being convicted of or pleading guilty to a violation of a section of the Revised Code.

(5) Prior to the offense at bar, the offender was convicted of an offense an essential element of which was the purposeful killing of or attempt to kill another, or the offense at bar was part of a course of conduct involving the purposeful killing of or attempt to kill two or more persons by the offender.

(6) The victim of the offense was a law enforcement officer, as defined in section 2911.01 of the Revised Code, whom the offender had reasonable cause to know or knew to be a law enforcement officer as so defined, and either the victim, at the time of the commission of the offense, was engaged in the victim's duties, or it was the offender's specific purpose to kill a law enforcement officer as so defined.

(7) The offense was committed while the offender was committing, attempting to commit, or fleeing immediately after committing or attempting to commit kidnapping, rape, aggravated arson, aggravated robbery, or aggravated burglary, and either the offender was the principal offender in the commission of the aggravated murder or, if not the principal offender, committed the aggravated murder with prior calculation and design.

(8) The victim of the aggravated murder was a witness to an offense who was purposely killed to prevent the victim's testimony in any criminal proceeding and the aggravated murder was not committed during the commission, attempted commission, or flight immediately after the commission or attempted commission of the offense to which the victim was a witness, or the victim of the aggravated murder was a witness to an offense and was purposely killed in retaliation for the victim's testimony in any criminal proceeding.

(9) The offender, in the commission of the offense, purposefully caused the death of another who was under thirteen years of age at the time of the commission of the offense, and either the offender was the principal offender in the commission of the offense or, if not the principal offender, committed the offense with prior calculation and design.

(10) The offense was committed while the offender was committing, attempting to commit, or fleeing immediately after committing or attempting to commit terrorism.

(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, if the offender did not raise the matter of age pursuant to section 2929.023 of the Revised Code or the offender after raising that matter was found at trial to have been eighteen years of age or older at the time of the commission of the offense, and if the offender did not raise 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 or the offender after raising that matter was found by the court to not be ineligible for a sentence of death, the court, trial jury, or panel of three judges shall consider, and weigh against the aggravating circumstances proved beyond a reasonable doubt, the nature and circumstances of the offense, the history, character, and background of the offender, and all of the following factors:

(1) Whether the victim of the offense induced or facilitated it;

(2) Whether it is unlikely that the offense would have been committed, but for the fact that the offender was under duress, coercion, or strong provocation;

(3) Whether, at the time of committing the offense, the offender, because of a mental disease or defect, lacked substantial capacity to appreciate the criminality of the offender's conduct or to conform the offender's conduct to the requirements of the law;

(4) The youth of the offender;

(5) The offender's lack of a significant history of prior criminal convictions and delinquency adjudications;

(6) If the offender was a participant in the offense but not the principal offender, the degree of the offender's participation in the offense and the degree of the offender's participation in the acts that led to the death of the victim;

(7) Any other factors that are relevant to the issue of whether the offender should be sentenced to death.

(C) The defendant shall be given great latitude in the presentation of evidence of the factors listed in division (B) of this section and of any other factors in mitigation of the imposition of the sentence of death.

The existence of any of the mitigating factors listed in division (B) of this section does not preclude the imposition of a sentence of death on the offender but shall be weighed pursuant to divisions (D)(2) and (3) of section 2929.03 of the Revised Code by the trial court, trial jury, or the panel of three judges against the aggravating circumstances the offender was found guilty of committing.
Notes of Decisions
Cited in 810 cases (62 in the last 5 years), 1976–2026 · leading case: State v. Montgomery (Slip Opinion), 2016-Ohio-5487, 71 N.E.3d 180.
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State v. Montgomery (Slip Opinion), 2016-Ohio-5487, 71 N.E.3d 180. · cites it 59× “06, and R.C. 2929.04 work together to require sufficient proof of the offense of aggravated murder as well as the capital specifications attached to that offense.”
State v. Obermiller (Slip Opinion), 2016-Ohio-1594, 147 Ohio 12. · cites it 53× “04(A)(5)), murder to escape detection (R.C. 2929.04(A)(3)), witness murder (R.C.”
State v. Osie (Slip Opinion), 2014-Ohio-2966, 16 N.E.3d 588. · cites it 80× “04(A)(8), defining the witness-murder specification: The victim of the aggravated murder was a witness to an offense who was purposely killed to prevent the victim’s testimony in any criminal proceeding and the aggravated murder was not committed during the commission, attempted…”
State v. Nicholson, 2024-Ohio-604, 247 N.E.3d 178. · cites it 88× “That review includes determining whether the evidence supports the jury’s finding of aggravating circumstances that qualify the defendant for the death penalty under R.C. 2929.04. R.C. 2929.05(A). We must also conduct an independent review of the evidence in the record and…”
State v. Garrett, 2022-Ohio-4218, 216 N.E.3d 569. · cites it 72× “Defense counsel responded that an instruction on R.C. 2929.04 was not being requested because the jury’s verdict “looks like they may not have considered much psychological evidence at all and [the R.”
State v. Adams (Slip Opinion), 2015-Ohio-3954, 45 N.E.3d 127. · cites it 54× “05(A)—Independent review of sufficiency of the evidence supporting R.C. 2929.04(A)(7) capital specification—Multiple predicate offenses—Lack of proof as to one of the alternative means to establish aggravating circumstance—Death penalty vacated and resentencing ordered.”
State v. Lang, 2011-Ohio-4215, 129 Ohio 17. · cites it 48× “{¶ 333} The statutory mitigating factors under R.C. 2929.04 include (B)(1) (victim inducement), (B)(2) (duress, coercion, or strong provocation), (B)(3) (mental disease or defect), (B)(4) (youth of the offender), (B)(5) (lack of a significant criminal record), (B)(6) (accomplice…”
State v. Fry, 2010-Ohio-1017, 926 N.E.2d 1239. · cites it 57× “Count One included two death-penalty specifications: murder while committing, attempting to commit, or fleeing after committing aggravated burglary, R.C. 2929.04(A)(7), and murder to prevent Hardison’s testimony in another criminal proceeding or in retaliation for her testimony…”
State v. Maxwell, 2014-Ohio-1019, 9 N.E.3d 930. · cites it 52× “04(A)(8), and murder to escape accounting for a crime, R.C. 2929.04(A)(3). {¶ 23} Maxwell was also charged with six additional counts: Count Three—kidnapping, Counts Four and Five—aggravated burglary, Count Six—the attempted murder of Lauretta Kenney, Count Seven—retaliation…”
State v. Graham (Slip Opinion), 2020-Ohio-6700, 172 N.E.3d 841. · cites it 41× “The statute requires that the court 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…”
State v. Thompson (Slip Opinion), 2014-Ohio-4751, 23 N.E.3d 1096. · cites it 52× “” By contrast, the prosecutor referred to all of Thompson’s mitigation evidence during the mitigation phase as evidence “honor[ing] him.” Thus, when the prosecutor asked the jury to decide whether to honor “Mr.”
State v. Mammone (Slip Opinion), 2014-Ohio-1942, 13 N.E.3d 1051. · cites it 56× ““[T]he ‘aggravating circumstances’ against which the mitigating evidence is to be weighed are limited to the specifications of aggravating circumstances set forth in R.C. 2929.04(A)(1) through (8) that have been alleged in the indictment and proved beyond a reasonable doubt.”
Show all 810 citing cases →
Ohio Rev. Code § 2929.04(2): 1 case
Young v. Commonwealth, 50 S.W.3d 148 (Ky. 2001).
Ohio Rev. Code § 2929.04(5): 1 case
State v. Reid, 213 S.W.3d 792 (Tenn. 2006).
Ohio Rev. Code § 2929.04(7): 3 cases
State v. Taylor, 612 N.E.2d 316 (Ohio 1993).
Jamison v. Collins, 100 F. Supp. 2d 647 (S.D. Ohio 2000).
State v. Loza, 1994 Ohio 409 (Ohio 1994).
Ohio Rev. Code § 2929.04(A): 142 cases
State v. Montgomery (Slip Opinion), 2016-Ohio-5487, 71 N.E.3d 180. “06, and R.C. 2929.04 work together to require sufficient proof of the offense of aggravated murder as well as the capital specifications attached to that offense.”
State v. Wogenstahl, 662 N.E.2d 311 (Ohio 1996).
State v. Davis, 528 N.E.2d 925 (Ohio 1988).
State v. Mason (Slip Opinion), 2018-Ohio-1462, 108 N.E.3d 56.
State v. Mason, 2016-Ohio-8400, 111 N.E.3d 432.
Ohio Rev. Code § 2929.04(A)(1): 36 cases
State v. Wogenstahl, 662 N.E.2d 311 (Ohio 1996).
State v. Mammone (Slip Opinion), 2014-Ohio-1942, 13 N.E.3d 1051. ““[T]he ‘aggravating circumstances’ against which the mitigating evidence is to be weighed are limited to the specifications of aggravating circumstances set forth in R.C. 2929.04(A)(1) through (8) that have been alleged in the indictment and proved beyond a reasonable doubt.”
State v. Green, 738 N.E.2d 1208 (Ohio 2000).
State v. McKnight, 837 N.E.2d 315 (Ohio 2005).
State v. Mills, 582 N.E.2d 972 (Ohio 1992).
Ohio Rev. Code § 2929.04(A)(1)(3): 1 case
State v. Schaar, 2025-Ohio-4799.
Ohio Rev. Code § 2929.04(A)(2): 17 cases
State v. Yarbrough, 767 N.E.2d 216 (Ohio 2002).
State v. Yarbrough, 2002-Ohio-2126, 767 N.E.2d 216.
State v. Issa, 752 N.E.2d 904 (Ohio 2001).
State v. Lindsey, 721 N.E.2d 995 (Ohio 2000).
State v. Robb, 723 N.E.2d 1019 (Ohio 2000).
Ohio Rev. Code § 2929.04(A)(3): 128 cases
State v. Conway, 848 N.E.2d 810 (Ohio 2006).
State v. Montgomery (Slip Opinion), 2016-Ohio-5487, 71 N.E.3d 180. “06, and R.C. 2929.04 work together to require sufficient proof of the offense of aggravated murder as well as the capital specifications attached to that offense.”
State v. Palmer, 687 N.E.2d 685 (Ohio 1997).
State v. Maxwell, 2014-Ohio-1019, 9 N.E.3d 930. “04(A)(8), and murder to escape accounting for a crime, R.C. 2929.04(A)(3). {¶ 23} Maxwell was also charged with six additional counts: Count Three—kidnapping, Counts Four and Five—aggravated burglary, Count Six—the attempted murder of Lauretta Kenney, Count Seven—retaliation…”
State v. Jones, 744 N.E.2d 1163 (Ohio 2001).
Ohio Rev. Code § 2929.04(A)(4): 33 cases
State v. Gapen, 819 N.E.2d 1047 (Ohio 2004).
State v. Drain, 2022-Ohio-3697, 209 N.E.3d 621.
State v. Cepec (Slip Opinion), 2016-Ohio-8076, 75 N.E.3d 1185.
State v. Beasley, 108 N.E.3d 1028 (Ohio 2018).
State v. Hanna, 95 Ohio St. 3d 285 (2002).
Ohio Rev. Code § 2929.04(A)(4)(b): 1 case
State v. Wesson, 2013-Ohio-4575, 999 N.E.2d 557.
Ohio Rev. Code § 2929.04(A)(5): 234 cases
State v. Perez, 2009-Ohio-6179, 920 N.E.2d 104.
State v. Dean (Slip Opinion), 2015-Ohio-4347, 54 N.E.3d 80.
State v. Sapp, 2004-Ohio-7008, 822 N.E.2d 1239.
State v. Montgomery (Slip Opinion), 2016-Ohio-5487, 71 N.E.3d 180. “06, and R.C. 2929.04 work together to require sufficient proof of the offense of aggravated murder as well as the capital specifications attached to that offense.”
State v. Nicholson, 2024-Ohio-604, 247 N.E.3d 178. “That review includes determining whether the evidence supports the jury’s finding of aggravating circumstances that qualify the defendant for the death penalty under R.C. 2929.04. R.C. 2929.05(A). We must also conduct an independent review of the evidence in the record and…”
Ohio Rev. Code § 2929.04(A)(6): 19 cases
State v. Bryan, 804 N.E.2d 433 (Ohio 2004).
State v. Thompson (Slip Opinion), 2014-Ohio-4751, 23 N.E.3d 1096. “” By contrast, the prosecutor referred to all of Thompson’s mitigation evidence during the mitigation phase as evidence “honor[ing] him.” Thus, when the prosecutor asked the jury to decide whether to honor “Mr.”
State v. Jones, 744 N.E.2d 1163 (Ohio 2001).
State v. Jenkins, 473 N.E.2d 264 (Ohio 1984).
State v. Osie (Slip Opinion), 2014-Ohio-2966, 16 N.E.3d 588. “04(A)(8), defining the witness-murder specification: The victim of the aggravated murder was a witness to an offense who was purposely killed to prevent the victim’s testimony in any criminal proceeding and the aggravated murder was not committed during the commission, attempted…”
Ohio Rev. Code § 2929.04(A)(7): 390 cases
State v. Adams (Slip Opinion), 2015-Ohio-3954, 45 N.E.3d 127. “05(A)—Independent review of sufficiency of the evidence supporting R.C. 2929.04(A)(7) capital specification—Multiple predicate offenses—Lack of proof as to one of the alternative means to establish aggravating circumstance—Death penalty vacated and resentencing ordered.”
State v. Fry, 2010-Ohio-1017, 926 N.E.2d 1239. “Count One included two death-penalty specifications: murder while committing, attempting to commit, or fleeing after committing aggravated burglary, R.C. 2929.04(A)(7), and murder to prevent Hardison’s testimony in another criminal proceeding or in retaliation for her testimony…”
State v. Lang, 2011-Ohio-4215, 129 Ohio 17. “{¶ 333} The statutory mitigating factors under R.C. 2929.04 include (B)(1) (victim inducement), (B)(2) (duress, coercion, or strong provocation), (B)(3) (mental disease or defect), (B)(4) (youth of the offender), (B)(5) (lack of a significant criminal record), (B)(6) (accomplice…”
State v. Obermiller (Slip Opinion), 2016-Ohio-1594, 147 Ohio 12. “04(A)(5)), murder to escape detection (R.C. 2929.04(A)(3)), witness murder (R.C.”
State v. Osie (Slip Opinion), 2014-Ohio-2966, 16 N.E.3d 588. “04(A)(8), defining the witness-murder specification: The victim of the aggravated murder was a witness to an offense who was purposely killed to prevent the victim’s testimony in any criminal proceeding and the aggravated murder was not committed during the commission, attempted…”
Ohio Rev. Code § 2929.04(A)(8): 39 cases
State v. Osie (Slip Opinion), 2014-Ohio-2966, 16 N.E.3d 588. “04(A)(8), defining the witness-murder specification: The victim of the aggravated murder was a witness to an offense who was purposely killed to prevent the victim’s testimony in any criminal proceeding and the aggravated murder was not committed during the commission, attempted…”
State v. Maxwell, 2014-Ohio-1019, 9 N.E.3d 930. “04(A)(8), and murder to escape accounting for a crime, R.C. 2929.04(A)(3). {¶ 23} Maxwell was also charged with six additional counts: Count Three—kidnapping, Counts Four and Five—aggravated burglary, Count Six—the attempted murder of Lauretta Kenney, Count Seven—retaliation…”
State v. Fry, 2010-Ohio-1017, 926 N.E.2d 1239. “Count One included two death-penalty specifications: murder while committing, attempting to commit, or fleeing after committing aggravated burglary, R.C. 2929.04(A)(7), and murder to prevent Hardison’s testimony in another criminal proceeding or in retaliation for her testimony…”
State v. Obermiller (Slip Opinion), 2016-Ohio-1594, 147 Ohio 12. “04(A)(5)), murder to escape detection (R.C. 2929.04(A)(3)), witness murder (R.C.”
State v. McKelton (Slip Opinion), 2016-Ohio-5735, 70 N.E.3d 508.
Ohio Rev. Code § 2929.04(A)(9): 27 cases
State v. Montgomery (Slip Opinion), 2016-Ohio-5487, 71 N.E.3d 180. “06, and R.C. 2929.04 work together to require sufficient proof of the offense of aggravated murder as well as the capital specifications attached to that offense.”
State v. Fitzpatrick, 102 Ohio St. 3d 321 (2004).
State v. Clinton, 108 N.E.3d 1 (Ohio 2017).
State v. Drummond, 854 N.E.2d 1038 (Ohio 2006).
State v. Mammone (Slip Opinion), 2014-Ohio-1942, 13 N.E.3d 1051. ““[T]he ‘aggravating circumstances’ against which the mitigating evidence is to be weighed are limited to the specifications of aggravating circumstances set forth in R.C. 2929.04(A)(1) through (8) that have been alleged in the indictment and proved beyond a reasonable doubt.”
Ohio Rev. Code § 2929.04(AX5): 2 cases
State v. Evans, 3 Ohio App. Unrep. 177 (Ohio Ct. App. 8th Dist. 1990).
State v. Lorraine, 5 Ohio App. Unrep. 332 (Ohio Ct. App. 11th Dist. 1990).
Ohio Rev. Code § 2929.04(AX7): 1 case
State v. Evans, 3 Ohio App. Unrep. 177 (Ohio Ct. App. 8th Dist. 1990).
Ohio Rev. Code § 2929.04(B): 296 cases
State v. Thompson (Slip Opinion), 2014-Ohio-4751, 23 N.E.3d 1096. “” By contrast, the prosecutor referred to all of Thompson’s mitigation evidence during the mitigation phase as evidence “honor[ing] him.” Thus, when the prosecutor asked the jury to decide whether to honor “Mr.”
State v. Graham (Slip Opinion), 2020-Ohio-6700, 172 N.E.3d 841. “The statute requires that the court 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…”
State v. Lang, 2011-Ohio-4215, 129 Ohio 17. “{¶ 333} The statutory mitigating factors under R.C. 2929.04 include (B)(1) (victim inducement), (B)(2) (duress, coercion, or strong provocation), (B)(3) (mental disease or defect), (B)(4) (youth of the offender), (B)(5) (lack of a significant criminal record), (B)(6) (accomplice…”
State v. Holloway, 527 N.E.2d 831 (Ohio 1988).
State v. Neyland (Slip Opinion), 2014-Ohio-1914, 12 N.E.3d 1112.
Ohio Rev. Code § 2929.04(B)(1): 220 cases
State v. Nicholson, 2024-Ohio-604, 247 N.E.3d 178. “That review includes determining whether the evidence supports the jury’s finding of aggravating circumstances that qualify the defendant for the death penalty under R.C. 2929.04. R.C. 2929.05(A). We must also conduct an independent review of the evidence in the record and…”
State v. Lang, 2011-Ohio-4215, 129 Ohio 17. “{¶ 333} The statutory mitigating factors under R.C. 2929.04 include (B)(1) (victim inducement), (B)(2) (duress, coercion, or strong provocation), (B)(3) (mental disease or defect), (B)(4) (youth of the offender), (B)(5) (lack of a significant criminal record), (B)(6) (accomplice…”
State v. Montgomery (Slip Opinion), 2016-Ohio-5487, 71 N.E.3d 180. “06, and R.C. 2929.04 work together to require sufficient proof of the offense of aggravated murder as well as the capital specifications attached to that offense.”
State v. Knuff, 2024-Ohio-902, 239 N.E.3d 259.
State v. Jackson (Slip Opinion), 2016-Ohio-5488, 73 N.E.3d 414.
Ohio Rev. Code § 2929.04(B)(2): 79 cases
State v. Thompson (Slip Opinion), 2014-Ohio-4751, 23 N.E.3d 1096. “” By contrast, the prosecutor referred to all of Thompson’s mitigation evidence during the mitigation phase as evidence “honor[ing] him.” Thus, when the prosecutor asked the jury to decide whether to honor “Mr.”
State v. Conway, 842 N.E.2d 996 (Ohio 2006).
State v. Nicholson, 2024-Ohio-604, 247 N.E.3d 178. “That review includes determining whether the evidence supports the jury’s finding of aggravating circumstances that qualify the defendant for the death penalty under R.C. 2929.04. R.C. 2929.05(A). We must also conduct an independent review of the evidence in the record and…”
State v. Getsy, 702 N.E.2d 866 (Ohio 1998).
State v. Hancock, 840 N.E.2d 1032 (Ohio 2006).
Ohio Rev. Code § 2929.04(B)(3): 208 cases
State v. Garrett, 2022-Ohio-4218, 216 N.E.3d 569. “Defense counsel responded that an instruction on R.C. 2929.04 was not being requested because the jury’s verdict “looks like they may not have considered much psychological evidence at all and [the R.”
State v. Neyland (Slip Opinion), 2014-Ohio-1914, 12 N.E.3d 1112.
State v. Mammone (Slip Opinion), 2014-Ohio-1942, 13 N.E.3d 1051. ““[T]he ‘aggravating circumstances’ against which the mitigating evidence is to be weighed are limited to the specifications of aggravating circumstances set forth in R.C. 2929.04(A)(1) through (8) that have been alleged in the indictment and proved beyond a reasonable doubt.”
State v. Foust, 2004-Ohio-7006, 823 N.E.2d 836.
State v. Cepec (Slip Opinion), 2016-Ohio-8076, 75 N.E.3d 1185.
Ohio Rev. Code § 2929.04(B)(4): 155 cases
State v. Obermiller (Slip Opinion), 2016-Ohio-1594, 147 Ohio 12. “04(A)(5)), murder to escape detection (R.C. 2929.04(A)(3)), witness murder (R.C.”
State v. Graham (Slip Opinion), 2020-Ohio-6700, 172 N.E.3d 841. “The statute requires that the court 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…”
State v. Lawson (Slip Opinion), 2021-Ohio-3566, 179 N.E.3d 1216.
State v. Thompson (Slip Opinion), 2014-Ohio-4751, 23 N.E.3d 1096. “” By contrast, the prosecutor referred to all of Thompson’s mitigation evidence during the mitigation phase as evidence “honor[ing] him.” Thus, when the prosecutor asked the jury to decide whether to honor “Mr.”
State v. Mundt, 873 N.E.2d 828 (Ohio 2007).
Ohio Rev. Code § 2929.04(B)(5): 141 cases
State v. Nicholson, 2024-Ohio-604, 247 N.E.3d 178. “That review includes determining whether the evidence supports the jury’s finding of aggravating circumstances that qualify the defendant for the death penalty under R.C. 2929.04. R.C. 2929.05(A). We must also conduct an independent review of the evidence in the record and…”
State v. Garrett, 2022-Ohio-4218, 216 N.E.3d 569. “Defense counsel responded that an instruction on R.C. 2929.04 was not being requested because the jury’s verdict “looks like they may not have considered much psychological evidence at all and [the R.”
State v. Lott, 555 N.E.2d 293 (Ohio 1990).
State v. Yarbrough, 767 N.E.2d 216 (Ohio 2002).
State v. Thompson (Slip Opinion), 2014-Ohio-4751, 23 N.E.3d 1096. “” By contrast, the prosecutor referred to all of Thompson’s mitigation evidence during the mitigation phase as evidence “honor[ing] him.” Thus, when the prosecutor asked the jury to decide whether to honor “Mr.”
Ohio Rev. Code § 2929.04(B)(6): 85 cases
State v. Dean (Slip Opinion), 2015-Ohio-4347, 54 N.E.3d 80.
State v. Cunningham, 2004-Ohio-7007, 824 N.E.2d 504.
State v. Yarbrough, 767 N.E.2d 216 (Ohio 2002).
State v. Yarbrough, 2002-Ohio-2126, 767 N.E.2d 216.
State v. Myers (Slip Opinion), 2018-Ohio-1903, 114 N.E.3d 1138.
Ohio Rev. Code § 2929.04(B)(7): 292 cases
State v. Grp., 2002-Ohio-7247, 781 N.E.2d 980.
State v. Obermiller (Slip Opinion), 2016-Ohio-1594, 147 Ohio 12. “04(A)(5)), murder to escape detection (R.C. 2929.04(A)(3)), witness murder (R.C.”
State v. Graham (Slip Opinion), 2020-Ohio-6700, 172 N.E.3d 841. “The statute requires that the court 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…”
State v. Nicholson, 2024-Ohio-604, 247 N.E.3d 178. “That review includes determining whether the evidence supports the jury’s finding of aggravating circumstances that qualify the defendant for the death penalty under R.C. 2929.04. R.C. 2929.05(A). We must also conduct an independent review of the evidence in the record and…”
State v. Garrett, 2022-Ohio-4218, 216 N.E.3d 569. “Defense counsel responded that an instruction on R.C. 2929.04 was not being requested because the jury’s verdict “looks like they may not have considered much psychological evidence at all and [the R.”
Ohio Rev. Code § 2929.04(B)(8): 2 cases
State v. Spivey, 692 N.E.2d 151 (Ohio 1998).
Lawson v. Warden, Mansfield Corr. Inst., 197 F. Supp. 2d 1072 (S.D. Ohio 2002).
Ohio Rev. Code § 2929.04(B)(l): 3 cases
State v. Baston, 709 N.E.2d 128 (Ohio 1999).
State v. Wilson, 659 N.E.2d 292 (Ohio 1996).
Jackson v. Anderson, 141 F. Supp. 2d 811 (N.D. Ohio 2001).
Ohio Rev. Code § 2929.04(BM7): 1 case
State v. Evans, 3 Ohio App. Unrep. 177 (Ohio Ct. App. 8th Dist. 1990).
Ohio Rev. Code § 2929.04(BX3): 2 cases
State v. Lott, 555 N.E.2d 293 (Ohio 1990).
State v. Evans, 3 Ohio App. Unrep. 177 (Ohio Ct. App. 8th Dist. 1990).
Ohio Rev. Code § 2929.04(BX4): 1 case
State v. Evans, 3 Ohio App. Unrep. 177 (Ohio Ct. App. 8th Dist. 1990).
Ohio Rev. Code § 2929.04(BX5): 1 case
State v. Evans, 3 Ohio App. Unrep. 177 (Ohio Ct. App. 8th Dist. 1990).
Ohio Rev. Code § 2929.04(BX6): 1 case
State v. Evans, 3 Ohio App. Unrep. 177 (Ohio Ct. App. 8th Dist. 1990).
Ohio Rev. Code § 2929.04(C): 45 cases
State v. Stumpf, 512 N.E.2d 598 (Ohio 1987).
State v. Nields, 752 N.E.2d 859 (Ohio 2001).
Jells v. Mitchell, 538 F.3d 478 (6th Cir. 2008).
State v. Conway, 848 N.E.2d 810 (Ohio 2006).
State v. Grate (Slip Opinion), 2020-Ohio-5584, 172 N.E.3d 8.
Ohio Rev. Code § 2929.04(D)(2): 1 case
State v. Landrum, 559 N.E.2d 710 (Ohio 1990).
Ohio Rev. Code § 2929.04(D)(7): 1 case
State v. D'Ambrosio, 73 Ohio St. 3d 141 (1995).
Ohio Rev. Code § 2929.04(a): 1 case
Cooey v. Anderson, 988 F. Supp. 1066 (N.D. Ohio 1997).
Ohio Rev. Code § 2929.04(a)(3): 1 case
Cooey v. Anderson, 988 F. Supp. 1066 (N.D. Ohio 1997).
Ohio Rev. Code § 2929.04(a)(7): 1 case
Cooey v. Anderson, 988 F. Supp. 1066 (N.D. Ohio 1997).
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