Update: On December 22, 2020 the Supreme Court of Ohio handed down a merit decision in this case.  Read the analysis here.

On April 28, 2020, the Supreme Court of Ohio heard oral argument in State of Ohio v. Kyle Patrick, 2019-0655. At issue in this case is whether the Eighth Amendment and the Ohio Constitution require a trial court to consider a juvenile offender’s age before imposing a sentence of life imprisonment with the possibility of parole. Read the oral argument preview of the case here.

On May 1, 2020 the Court sua sponte ordered the parties to brief the following issues:

“The effect, if any, of R.C. 2953.08(D)(3) on this court’s and the court of appeals’ ability to review appellant’s sentence. The parties should address whether that provision denies either court subject-matter jurisdiction and, if not, whether it otherwise limits the scope of the appeal here or in the court of appeals.”

R.C. 2953.08(D)(3) provides that a sentence imposed for aggravated murder or murder pursuant to sections 2929.02 to 2929.06 of the Revised Code is not subject to review under this section.

Patrick was convicted of aggravated murder and was sentenced pursuant to R.C. 2929.03 which falls within these sections. The State had argued in its brief that as a threshold matter, pursuant to R.C. 2953.08(D)(3), the Court is prohibited from reviewing Patrick’s life sentence for aggravated murder. During oral argument, Justice DeWine mentioned that this is a preliminary jurisdictional issue that may need to be addressed and expressed concern that the parties had not had the opportunity to brief this issue.

Patrick was given 20 days to file a supplemental brief, and the state 15 days from that date to respond.

Chief Justice O’Connor and Justice French would hold the cause for the decision in State v. Kinney, 2019-1103. The proposition accepted for review in Kinney, which has not yet been argued, is that R.C. 2953.08(D)(3) is unconstitutional both on its face and as applied, as it violates Ohio Constitution Article I Section  9 and the Eighth Amendment to the U.S. Constitution.