State ex rel. Johnson v. Shoemaker

The single issue presented here is whether the appellant’s convictions of murder were convictions of capital offenses in view of the unconstitutionality of the imposition of the death penalty by reason of Furman v. Georgia (1972), 408 U.S. 238, and Vargas v. Metzger (1973), 35 Ohio St. 2d 116 [64 O.O.2d 70].

First, it is noted that the last paragraph of former R.C. 2901.01 expressly states that “[m]urder in the first degree is a capital crime under Sections 9 *216and 10 of Article 1, Ohio Constitution.” Former R.C. 2967.13(C), as effective January 1,1974, used the phrase “noncapital offense” in…