State v. Roberts (Slip Opinion)

{¶ 1} This is the third time this case has been appealed to this court. After our review of the first appeal, we affirmed convictions for aggravated murder, aggravated burglary, and aggravated robbery but vacated the death sentence imposed on Donna Roberts and remanded the matter to the trial court for resentencing because the trial court had engaged in an ex parte communication with the prosecuting attorney and allowed the prosecutor to participate in drafting the sentencing opinion. On remand, the trial court again imposed capital punishment.

{¶ 2} On the second appeal, we again vacated the…