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Standards And Procedures For Determining Whether A Defendant Is Competent To Make The Ultimate Choice - Death; Ohio's New Precedent For Death Row Volunteers, Matthew T. Norman
Standards And Procedures For Determining Whether A Defendant Is Competent To Make The Ultimate Choice - Death; Ohio's New Precedent For Death Row Volunteers, Matthew T. Norman
Journal of Law and Health
Despite the fact that many states will allow a death row defendant to waive his legal appeals in order to hasten his execution date, there are inadequate standards and procedures for determining whether the "volunteer" is first competent to make this ultimate decision of life versus death. To provide background for this issue, this Note will discuss the events initially leading up to the nation's first death row "volunteer", then it will introduce subsequent volunteers of the present day. This Note then will look at what the United States Supreme Court has said about the standards and procedures that are …
On Seeking Controlling Law And Re-Seeking Death Under Section 2929.06 Of The Ohio Revised Code , Margery B. Koosed
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 …