State v. Bays

Fain, Presiding Judge.

{¶ 1} Richard R. Bays appeals from the trial court’s denial of his postconviction-relief petition to vacate his death sentence, based upon Atkins v. Virginia (2002), 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335, and State v. Lott, 97 Ohio St.3d 303, 2002-Ohio-6625, 779 N.E.2d 1011. Bays, an indigent capital defendant with significant, documented cognitive deficits, contends that the trial court abused its discretion when it denied his request for funding to obtain the expert assistance he needed to meet his burden of proving that he is mentally retarded and therefore…