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Cleveland State Law Review

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On Seeking Controlling Law And Re-Seeking Death Under Section 2929.06 Of The Ohio Revised Code , Margery B. Koosed Jan 1998

On Seeking Controlling Law And Re-Seeking Death Under Section 2929.06 Of The Ohio Revised Code , Margery B. Koosed

Cleveland State Law Review

This article explores and analyzes the two-pronged legal dilemma that confronted the court in State v. Marshall: in Ohio, finding the correct sentencing law is often difficult; and a recent amendment to the resentencing portion of that law, S.B. 258, destroys the efficiency that was characteristic of Ohio's previous resentencing framework. Consequently, Part II of this article examines the facts and holding of State v. Marshall and suggests that finding the applicable law must be simplified. Practitioner handbooks are often confusing and incomplete, in part as the Ohio legislature generates an ever-changing body of law. Justice and the lives of …


Voluntary Manslaughter After Patterson: An Analysis Of Ohio Law, Margaret M. Higgins Jan 1985

Voluntary Manslaughter After Patterson: An Analysis Of Ohio Law, Margaret M. Higgins

Cleveland State Law Review

Ohio courts have struggled to divine the constitutional mandate of the reasonable doubt standard while simultaneously attempting to give a viable interpretation to the state's relatively new manslaughter law. Their approach has resulted in an unusual definition of manslaughter which has proven particularly unworkable. In addition, several other problems have developed as a result of the enactment of the manslaughter law. First, the policy espoused by the Supreme Court in its decisions has been abrogated under Ohio law. Second, Ohio law nearly abandons the distinction between murder and manslaughter. This is especially dangerous in light of the presumption of criminal …


Voluntary Manslaughter After Patterson: An Analysis Of Ohio Law, Margaret M. Higgins Jan 1985

Voluntary Manslaughter After Patterson: An Analysis Of Ohio Law, Margaret M. Higgins

Cleveland State Law Review

Ohio courts have struggled to divine the constitutional mandate of the reasonable doubt standard while simultaneously attempting to give a viable interpretation to the state's relatively new manslaughter law. Their approach has resulted in an unusual definition of manslaughter which has proven particularly unworkable. In addition, several other problems have developed as a result of the enactment of the manslaughter law. First, the policy espoused by the Supreme Court in its decisions has been abrogated under Ohio law. Second, Ohio law nearly abandons the distinction between murder and manslaughter. This is especially dangerous in light of the presumption of criminal …