Ohio Rev. Code » Chapter 2949 - Ohio Revised Code | Ohio Laws
Ohio Revised Code

Ohio Rev. Code § 2949.28 (2026)

Convict sentenced to death appearing to be insane

✓ current as of May 2026
Find cases: SyfertCases citing this section ORCcodes.ohio.gov (official) Justiaon Justia CornellLII Search CasesGoogle Scholar
Effective:
July 29, 1998
Latest Legislation:
Senate Bill 107 - 122nd General Assembly
PDF:
Download Authenticated PDF
 

(A) As used in this section and section 2949.29 of the Revised Code, "insane" means that the convict in question does not have the mental capacity to understand the nature of the death penalty and why it was imposed upon the convict.

(B)(1) If a convict sentenced to death appears to be insane, the warden or the sheriff having custody of the convict, the convict's counsel, or a psychiatrist or psychologist who has examined the convict shall give notice of the apparent insanity to whichever of the following is applicable:

(a) If the convict was tried by a jury, to the judge who imposed the sentence upon the convict or, if that judge is unavailable, to another judge of the same court of common pleas;

(b) If the convict was tried by a three-judge panel, to any of the three judges who imposed the sentence upon the convict or, if each of those judges is unavailable, to another judge of the same court of common pleas.

(2) Upon receiving a notice pursuant to division (B)(1) of this section, a judge shall determine, based on the notice and any supporting information, any information submitted by the prosecuting attorney, and the record in the case, including previous hearings and orders, whether probable cause exists to believe that the convict is insane. If the judge finds that probable cause exists to believe that the convict is insane, the judge shall hold a hearing to determine whether the convict is insane. If the judge does not find that probable cause of that nature exists, the judge may dismiss the matter without a hearing.

(3) If the judge who is given notice under division (B)(1) of this section finds probable cause to believe that the convict is insane, the judge shall inquire into the convict's insanity at a time and place to be fixed by the judge and shall give immediate notice of the inquiry to the prosecuting attorney who prosecuted the case, or that prosecuting attorney's successor, and to the convict and the convict's counsel. The judge may hold the inquiry at the place at which the convict is confined. If the convict does not have counsel, the court shall appoint an attorney to represent the convict in the inquiry. The court may appoint one or more psychiatrists or psychologists to examine the convict. The court shall not appoint a psychiatrist or psychologist who is an employee of the department of rehabilitation and correction to examine the convict. The court shall conduct any hearing under this section and section 2949.29 of the Revised Code and issue any ruling in the matter no later than sixty days from the date of the notice given under division (B)(1) of this section.

(4) Execution of the sentence shall be suspended pending completion of the inquiry only upon an order of the supreme court. If the supreme court issues an order granting a stay of execution, the supreme court in that order also may authorize the court of common pleas to continue the stay of execution or to set a new date for execution as provided in this section or section 2949.29 of the Revised Code.

(C) If the court appoints a psychiatrist or psychologist to examine the convict, the court shall inform the psychiatrist or psychologist of the location of the convict and of the purpose of the examination. The examiner shall have access to any available psychiatric or psychological report previously submitted to the court with respect to the mental condition of the convict, including, if applicable, a report regarding the convict's competency to stand trial or the convict's plea of not guilty by reason of insanity. The examiner also shall have access to any available current mental health and medical records of the convict.

The examiner shall conduct a thorough examination of the convict and shall submit a report to the court within thirty days of the examiner's appointment. The report shall contain the examiner's findings as to whether the convict has the mental capacity to understand the nature of the death penalty and why it was imposed upon the convict and the facts, in reasonable detail, upon which the findings are based.
Notes of Decisions
Cited in 25 cases, 1969–2017 · leading case: State v. Scott, 748 N.E.2d 11 (Ohio 2001).
Sort: Relevance Newest Treatment
State v. Scott, 748 N.E.2d 11 (Ohio 2001). · cites it 28× “” The trial court considered the briefs and other matters submitted by the parties and conducted a hearing to determine if probable cause existed to believe that the convict was insane.”
State v. Scott, 2001 Ohio 148 (Ohio 2001). · cites it 30× “” {¶ 10} The trial court considered the briefs and other matters submitted by the parties and conducted a hearing to determine if probable cause existed to believe that the convict was insane.”
State v. Awkal, 2012 Ohio 3970 (Ohio Ct. App. 2012). · cites it 11× “His request was for a competency determination, which is statutorily created by R.C. 2949.28 and 2949.29. R.C. 2949.28 provides that if a death sentence defendant “appears to be insane, the warden or the sheriff having custody of the convict, the convict’s counsel, or…”
Ford v. Wainwright, 477 U.S. 399 (1986). · cites it 2× “1986); Ohio Rev. Code Ann. § 2949.28 (1982); Okla Stat.”
State v. Brooks, 2011 Ohio 5877 (Ohio Ct. App. 2011). · cites it 11× “21 and a motion for an evidentiary hearing pursuant to R.C. 2949.28, requesting that execution of his sentence be suspended pending an inquiry and determination of whether he meets the definition of insanity set forth in R.”
State v. Scott, 747 N.E.2d 242 (Ohio 2001). · cites it 5× “II On April 10, 2001, Scott filed in the trial court an R.C. 2949.28 “Notice of Apparent Insanity and, in the Alternative, His Motion for a Judicial Determination that It Violates the Ohio and United States Constitutions to Execute a Person with a Diagnosed Severe Mental Illness.”
Van Tran v. State, 6 S.W.3d 257 (Tenn. 1999). · cites it 2× “Code Ann. § 17-10-68(d) (1997); Kan. Stat. Ann.”
Baird v. State, 833 N.E.2d 28 (Ind. 2005). · cites it 2× “Stat. § 176.425 (2004) (if "there is a good reason to believe that the defendant has become insane" the director of the department of corrections "may" petition a court to trigger a sanity hearing); Ohio Rev.”
Billiot v. Epps, 671 F. Supp. 2d 840 (S.D. Miss. 2009). “§ 3-904(a)(2) (Westlaw 2009); Ohio Rev.Code Ann. § 2949.28(A) (Westlaw 2009); S.”
In Re Keaton, 250 N.E.2d 901 (Ohio Ct. App. 1969). · cites it 6× “On November 4, 1968, the Warden of the Ohio Penitentiary addressed a letter to a Judge of the Common Pleas Court of Franklin County, under the provisions of Section 2949.28, Revised Code, advising him that Keaton appeared to he insane, and requesting the court to conduct a…”
Bedford v. State, 957 N.E.2d 336 (Ohio Ct. App. 2011). · cites it 9× “{¶ 1} Eleven days before his impending execution, Daniel Bedford filed a “Notice of Insanity Pursuant to R.C. 2949.28” in the Hamilton County Court of Common Pleas, seeking suspension of his death sentence.”
State v. Ware, 542 N.E.2d 1115 (Ohio Ct. App. 1988). “17 requires that a mentally ill or mentally retarded prisoner serving a sentence shall be committed to the Department of Mental Health or the Department of Mental Retardation and Developmental Disabilities for treatment, until discharged therefrom.”
Show all 25 citing cases →
— Ohio Rev. Code § 2949.28(A) — 7 cases
State v. Scott, 748 N.E.2d 11 (Ohio 2001). “” The trial court considered the briefs and other matters submitted by the parties and conducted a hearing to determine if probable cause existed to believe that the convict was insane.”
State v. Scott, 2001 Ohio 148 (Ohio 2001). “” {¶ 10} The trial court considered the briefs and other matters submitted by the parties and conducted a hearing to determine if probable cause existed to believe that the convict was insane.”
State v. Brooks, 2011 Ohio 5877 (Ohio Ct. App. 2011). “21 and a motion for an evidentiary hearing pursuant to R.C. 2949.28, requesting that execution of his sentence be suspended pending an inquiry and determination of whether he meets the definition of insanity set forth in R.”
State v. Scott, 747 N.E.2d 242 (Ohio 2001). “II On April 10, 2001, Scott filed in the trial court an R.C. 2949.28 “Notice of Apparent Insanity and, in the Alternative, His Motion for a Judicial Determination that It Violates the Ohio and United States Constitutions to Execute a Person with a Diagnosed Severe Mental Illness.”
Billiot v. Epps, 671 F. Supp. 2d 840 (S.D. Miss. 2009). “§ 3-904(a)(2) (Westlaw 2009); Ohio Rev.Code Ann. § 2949.28(A) (Westlaw 2009); S.”
— Ohio Rev. Code § 2949.28(B) — 2 cases
State v. Scott, 748 N.E.2d 11 (Ohio 2001). “” The trial court considered the briefs and other matters submitted by the parties and conducted a hearing to determine if probable cause existed to believe that the convict was insane.”
State v. Scott, 2001 Ohio 148 (Ohio 2001). “” {¶ 10} The trial court considered the briefs and other matters submitted by the parties and conducted a hearing to determine if probable cause existed to believe that the convict was insane.”
— Ohio Rev. Code § 2949.28(B)(1) — 2 cases
State v. Scott, 91 Ohio St. 3d 1237 (Ohio 2001).
State v. Scott, 2001 Ohio 61 (Ohio 2001).
— Ohio Rev. Code § 2949.28(B)(1)(b)(2) — 1 case
Van Tran v. State, 6 S.W.3d 257 (Tenn. 1999). “Code Ann. § 17-10-68(d) (1997); Kan. Stat. Ann.”
— Ohio Rev. Code § 2949.28(B)(2) — 5 cases
State v. Scott, 748 N.E.2d 11 (Ohio 2001). “” The trial court considered the briefs and other matters submitted by the parties and conducted a hearing to determine if probable cause existed to believe that the convict was insane.”
State v. Scott, 2001 Ohio 148 (Ohio 2001). “” {¶ 10} The trial court considered the briefs and other matters submitted by the parties and conducted a hearing to determine if probable cause existed to believe that the convict was insane.”
State v. Scott, 91 Ohio St. 3d 1263 (Ohio 2001).
Bedford v. State, 957 N.E.2d 336 (Ohio Ct. App. 2011). “{¶ 1} Eleven days before his impending execution, Daniel Bedford filed a “Notice of Insanity Pursuant to R.C. 2949.28” in the Hamilton County Court of Common Pleas, seeking suspension of his death sentence.”
State v. Scott, 2001 Ohio 99 (Ohio 2001).
— Ohio Rev. Code § 2949.28(B)(3) — 3 cases
State v. Brooks, 2011 Ohio 5877 (Ohio Ct. App. 2011). “21 and a motion for an evidentiary hearing pursuant to R.C. 2949.28, requesting that execution of his sentence be suspended pending an inquiry and determination of whether he meets the definition of insanity set forth in R.”
State v. Scott, 91 Ohio St. 3d 1237 (Ohio 2001).
State v. Scott, 2001 Ohio 61 (Ohio 2001).
— Ohio Rev. Code § 2949.28(B)(4) — 2 cases
State v. Scott, 91 Ohio St. 3d 1237 (Ohio 2001).
State v. Scott, 2001 Ohio 61 (Ohio 2001).
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.