State v. Harwell

{¶ 29} I respectfully dissent from the majority regarding the rights of a juvenile in an aggravated murder case.

{¶ 30} R.C. 2901.02(B), effective July 1, 1996, defines a capital offense as only those offenses for which the death penalty can be imposed. That statute provides as follows:

{¶ 31} “Aggravated murder when the indictment or the count in the indictment charging aggravated murder contains one or more specifications of aggravating circumstances listed in division (A) of section 2929.04 of [the] Revised Code, and any other offense for which death may be imposed as a penalty, is a capital…