State v. Henry

I

The first issue before us concerns whether pursuant to R.C. 2901.02(B), aggravated murder is a capital offense requiring separate trials for jointly indicted defendants, where there has been no application for a joint trial as required by Crim. R. 14 and R.C. 2945.20.

The appellant, state of Ohio, contends that as a consequence of the United States Supreme Court decision in Furman v. Georgia (1972), 408 U.S. 238, and the general invalidation of Ohio’s death penalty provisions in Lockett v. Ohio (1978), 438 U.S. 586, death can no longer be inflicted as punishment. Therefore, the state argues…