On March 16, 2016 the Supreme Court of Ohio handed down a merit decision in State v. Broom, 2016-Ohio-1028. In a 4-3 opinion written by Justice Lanzinger, the court held that a second attempt to execute Romell Broom, after the first attempt at lethal injection failed, was neither cruel and usual punishment nor a
Death Penalty
Read Justice Pfeifer’s Latest Dissent from Death Penalty Execution Date. Justice O’Neill Joins Him in Dissent.
On February 19, 2016, the court set October 17, 2019, as the execution date for James P. Frazier, who was convicted of murdering Mary Stevenson in 2004 in the Northgate Apartments in North Toledo where both lived, during a robbery of her apartment. Justice Pfeifer dissented, joined by Justice O’Neill. What Justice Pfeifer wrote is…
What Happened on Remand: Willie Herring Spared the Death Penalty.
Case Background
On April 30, 1996, Willie Herring and five other men robbed a bar in Youngstown which resulted in the deaths of three people. Herring, who was barely eighteen at the time of the crime, was subsequently convicted of three counts of complicity to commit aggravated murder, two counts of attempted aggravated murder, two…
What’s On Their Minds: Does a Botched Execution Attempt Preclude a Second Try? State of Ohio v. Romell Broom.
Update: On March 16, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Broom. Read the analysis of that decision here.
“Are you arguing that the Constitution requires a quick and painless death in and of itself?” Justice Lanzinger, to defense counsel.
“What is the assurance [the state] is going…
Oral Argument Preview: Does a Botched Execution Attempt Preclude a Second Try? State of Ohio v. Romell Broom.
Update: On March 16, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Broom. Read the analysis of that decision here.
Read the analysis of the oral argument here.
On June 9, 2015, the Supreme Court of Ohio will hear oral argument in the case of State of Ohio v. …
More Execution Dates Set; More Dissents from Justice O’Neill.
On May 4, 2015, the Supreme Court of Ohio set execution dates in 2018 in the following death penalty cases: State v. Stumpf, State v. Coley, and State v. Fitzpatrick.
Justice Bill O’Neill dissented in all three, as he has done in every order of execution and death penalty appeal affirming a…
Merit Decision: Counsel Prejudicially Ineffective in Mitigation Phase in Death Penalty Case. State v. Herring.
Update: This case was sent back for resentencing. Read what happened on remand here.
On December 3, 2014, the Supreme Court of Ohio handed down a merit decision in State v. Herring, 2014-Ohio-5228. In a 4-3 opinion written by Justice Paul Pfeifer, the court granted Herring’s petition for post-conviction relief in this death penalty…
Commentary: The Death Penalty and Elected Judges
Now retired U.S. Supreme Court Justice Sandra Day O’Connor wrote this in her separate concurrence in the landmark case of Republican Party of Minnesota v. White, the 2002 decision that changed the landscape in judicial elections by giving judges and judicial candidates more free speech (and some say unwisely so):
“ I am concerned…
Death Penalty Task Force Issues Final Report
The Joint Task Force to Review the Administration of Ohio’s Death Penalty, established by Chief Justice Maureen O’Connor in 2011 in her first state of the Judiciary Address as Chief Justice, released its Final Report & Recommendations May 21. The initial charge to the Task Force was “to review the 2007 American Bar Association…
Justice O’Neill Continues to Refuse to Impose the Death Penalty.
When Justice Bill O’Neill joined the Court January 2, 2013, he wasted no time in making clear his opposition to the death penalty. On January 25, 2013, O’Neill dissented from the order of execution in the case of State v. Wogenstahl, 2013-Ohio-164. He wrote,
“While I recognize that capital punishment is the law of the…