State v. Clark

As in all death penalty cases brought before this court, we are required to undertake a three-prong analysis. First, we will consider the specific issues raised by the appellant with regard to the proceedings below. Second, we must independently weigh the aggravating circumstance in this case against any factors which mitigate against the imposition of the death sentence. Third, we must independently consider whether appellant’s sentence is disproportionate to the penalty imposed in similar cases.

In his first proposition of law, appellant argues that under R.C. 2929.04 (B), the state may not…