State v. Brooks

Dickinson, Presiding Judge.

The state of Ohio has appealed from the trial court’s refusal to reimpose the death penalty against defendant Antonio Brooks., The trial court followed the Ohio Supreme Court’s mandate and resentenced defendant in accordance with that court’s reversal of his death sentence. The state has argued that the trial court should have reimposed the death penalty because the Ohio Supreme Court’s reversal of it was based on an instruction that was never given to the jury. This court affirms the judgment of the trial court because extraordinary circumstances did not exist to…