State v. Osie (Slip Opinion)

{¶ 273} While I concur that the state proved the felony-murder specifications beyond a reasonable doubt, I would hold that the state did not present sufficient evidence to convict Gregory Osie of the R.C. 2929.04(A)(8) specification.

The R.C. 2929.0Jp(A)(8) Witness-Murder Specification

{¶ 274} The United States Supreme Court has stated that the underlying principle in capital cases is that the death penalty is reserved for a narrow category of crimes and offenders. Roper v. Simmons, 543 U.S. 551, 568-569, 125 *182S.Ct. 1183, 161 L.Ed.2d 1 (2005). Ohio’s statute reflects this principle by allowing a…