Re-Sentencing

What’s On Their Minds: Can a Defendant in a Capital Case Whose Death Sentence is Overturned on Appeal be Re-Sentenced to Death Under an Amended Statute Not in Effect on the First Go-Around?

By Marianna Bettman on November 18, 2011

Update: On June 14, 2012, the Court handed down a merit decision in this case, affirming the re-imposition of the death penalty.

On November 16, the Supreme Court of Ohio heard oral argument in the case of State v. White, 2009-1661. The constitutional issue in the case involves the retroactive application of Ohio’s resentencing…

Oral Argument Preview: Can a Defendant in a Capital Case Whose Sentence is Overturned on Appeal be Sentenced to Death a Second Time Under an Amended Statute Not in Effect on the First Go-Around?

By Marianna Bettman on November 13, 2011

Update: On June 14, 2012, the Court handed down a merit decision in this case, affirming the re-imposition of the death penalty.

On November 16, the Supreme Court of Ohio will hear oral arguments in the case of State v. White, 2009-1661. The issue in this case is whether retroactive application of Ohio’s resentencing…