State v. Richey

I must respectfully dissent. For the reasons set forth below, I would overturn the sentence of death.

R.C. 2929.05 requires us to undertake a three-part analysis: the court must review proposed errors, weigh aggravating circumstances against mitigating factors, and compare the sentence to those imposed in similar cases. I disagree with all three parts of the majority’s analysis.

I

Mitigation

The majority asserts that “[njothing in the nature and circumstances of the offense offers any mitigating features.” This statement is shocking, in view of the fact that Richey actively tried to save Cynthia…