State v. White

{¶ 1} Appellant, Maxwell D. White Jr., murdered State Trooper James Gross on January 19, 1996. He was tried by a jury, convicted of aggravated murder with capital specifications, and sentenced to death. On appeal, we affirmed White’s conviction and death sentence. State v. White, 82 Ohio St.3d 16, 693 N.E.2d 772 (1998). However, on December 7, 2005, White obtained federal habeas corpus relief from his death sentence, obliging the trial court to resentence him. White v. Mitchell, 431 F.3d 517 (6th Cir.2005).

{¶ 2} R.C. 2929.06(B) requires the trial court, when resentencing a capital offender…