State v. Jackson
Court of Appeals of Ohio, Eighth District, Cuyahoga County
1Opinion of the Court
EILEEN T. GALLAGHER, P.J.:
{¶ 1} Defendant-appellant, Andre Jackson, appeals the denial of his motion for a new mitigation trial. He claims the following two errors:
1. The trial court erred when it denied Jackson's motion for leave to file his motion for a new mitigation trial.
2. Ohio's capital punishment scheme, R.C. 2929.03 and R.C. 2929.05, and the procedures set forth therein, deprive a defendant of his Sixth Amendment right to a jury trial.
{¶ 2} We find no merit to the appeal and affirm the trial court's judgment.
I. Facts and Procedural History
{¶ 3} In June 1987, 74-year old Emily Zak was…
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