State ex rel. Corrigan v. McMonagle

At issue is whether the venire for jury requirements of R.C. 2945.18 and 2945.19 are applicable to a “capital offense” where the charged offense of aggravated murder is not punishable by death, there being no specifications of aggravating circumstances pursuant to R.C. 2929.04.

Central to our ascertainment of legislative intent is R.C. 2901.02(B) effective January 1,1974, which states that, “[aggravated murder, and any offense for which death may be imposed as a penalty, is a capital offense.” Paragraph one of the syllabus of State v. Henry (1983), 4 Ohio St. 3d 44, stated that “[pjursuant to…