State v. Holloway

This appeal presents us with six propositions of law asserting various errors in the penalty phase of the trial and appellate court proceedings.

I

A

Holloway first asserts that his premature release from prison precipitated his violent behavior. He submits that the trial court failed to properly consider his early release as a mitigating factor in sentencing, rendering this sentencing constitutionally deficient under Lockett v. Ohio (1978), 438 U.S. 586, applied in State v. Jenkins (1984), 15 Ohio St. 3d 164, at 189, 15 OBR 311, at 332-333, 473 N.E. 2d 264, at 288-289, and flawed in light of…