In any case in which a defendant waives his right to trial by jury and elects to be tried by the court under section 2945.05 of the Revised Code, any judge of the court in which the cause is pending shall proceed to hear, try, and determine the cause in accordance with the rules and in like manner as if the cause were being tried before a jury. If the accused is charged with an offense punishable with death, he shall be tried by a court to be composed of three judges, consisting of the judge presiding at the time in the trial of criminal cases and two other judges to be designated by the presiding judge or chief justice of that court, and in case there is neither a presiding judge nor a chief justice, by the chief justice of the supreme court. The judges or a majority of them may decide all questions of fact and law arising upon the trial; however the accused shall not be found guilty or not guilty of any offense unless the judges unanimously find the accused guilty or not guilty. If the accused pleads guilty of aggravated murder, a court composed of three judges shall examine the witnesses, determine whether the accused is guilty of aggravated murder or any other offense, and pronounce sentence accordingly. The court shall follow the procedures contained in sections 2929.03 and 2929.04 of the Revised Code in all cases in which the accused is charged with an offense punishable by death. If in the composition of the court it is necessary that a judge from another county be assigned by the chief justice, the judge from another county shall be compensated for his services as provided by section 141.07 of the Revised Code.
State v. Montgomery (Slip Opinion), 2016 Ohio 5487 (Ohio 2016). · cites it 27דThe three-judge panel then held a plea hearing as required by R.C. 2945.06. The state presented the following evidence through its sole witness, Detective Dana Croom, a Columbus homicide detective and the lead detective in the investigation.”
State v. Wesson, 2013 Ohio 4575 (Ohio 2013). · cites it 29ד06—When a person charged with a capital offense waives a jury, the panel hearing the case shall be composed of three judges, two of whom shall be designated by the presiding judge or chief justice of the common pleas court, and if no one holds either position, then they shall be…”
Pratts v. Hurley, 102 Ohio St. 3d 81 (Ohio 2004). · cites it 19ד{¶ 1} We are asked to decide whether the failure of a court to convene a three-judge panel, as required by R.C. 2945.06, deprives the court of subject-matter jurisdiction in a capital case when a defendant has waived the right to trial by jury, so as to render the trial court’s…”
State v. Osie (Slip Opinion), 2014 Ohio 2966 (Ohio 2014). · cites it 19דSelection of Three-Judge Panel {¶ 72} In his ninth proposition of law, Osie contends that the three-judge panel was selected by the judge presiding over the case, Judge Powers, rather than by the presiding judge of the common pleas court, Judge Sage, who should have chosen the…”
State v. Obermiller (Slip Opinion), 2016 Ohio 1594 (Ohio 2016). · cites it 8דSUPREME COURT OF OHIO RELEVANT BACKGROUND {¶ 3} Because Obermiller pleaded guilty, the trial court held a hearing before a three-judge panel pursuant to R.C. 2945.06. The state presented 22 witnesses, one additional witness later testified at the panel’s request, and the state…”
State v. Parker, 769 N.E.2d 846 (Ohio 2002). · cites it 16ד{¶ 3} On appeal, appellee claimed that, pursuant to R.C. 2945.06, a single trial judge lacks jurisdiction to accept a plea in a capital case and that an accused may not waive the right to a trial by a three-judge panel.”
State v. Parker, 2002 Ohio 2833 (Ohio 2002). · cites it 17ד__________________ SYLLABUS OF THE COURT A defendant charged with a crime punishable by death who has waived his right to trial by jury must, pursuant to R.C. 2945.06 and Crim.R. 11(C)(3), have his case heard and decided by a three-judge panel even if the state agrees that it…”
State v. Williams (Slip Opinion), 2016 Ohio 7658 (Ohio 2016). · cites it 6דOn the other hand, the failure to convene a three-judge panel in compliance with R.C. 2945.06 when a defendant is charged with a death-penalty offense and waives the right to a jury “does not divest a court of subject-matter jurisdiction so that a judgment rendered by a single…”
State v. Griffin, 2013 Ohio 5481 (Ohio 2013). · cites it 18ד] Criminal procedure—Final orders—Defective judgment entry—Resentencing entry—Waiver of three-judge panel—R.C. 2945.06—Res judicata. (No. 2011-0818—Submitted January 22, 2013—Decided December 19, 2013.”
State ex rel. Larkins v. Baker, 653 N.E.2d 701 (Ohio 1995). · cites it 16ד) R.C. 2945.06: “In any case in which a defendant waives his right to trial by jury and elects to be tried by the court under section 2915.”
State v. Green, 689 N.E.2d 556 (Ohio 1998). · cites it 11ד11(C)(3), and R.C. 2945.06. We agree that the trial court did not meet the requirements of Crim.”
State v. Belton (Slip Opinion), 2016 Ohio 1581 (Ohio 2016). · cites it 3דAnd because each of the constitutional and international-law challenges asserted in Belton’s second proposition of law is premised on Ohio’s repeal of the death penalty, we reject proposition of law No. 2. 2. Pleas and Capital Sentencing {¶ 49} Under Ohio law, a capital…”
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