State v. Carter

Miller, Judge.

{¶ 1} Cedric Carter challenges the constitutionality of Ohio's death penalty statute arguing that imposition of the death penalty requires judicial fact finding in violation of his Sixth Amendment right to a jury trial as set forth in Hurst v. Florida , --- U.S. ----, 136 S.Ct. 616 , 193 L.Ed.2d 504 (2016). Carter is incorrect.

{¶ 2} Carter was charged with aggravated murder and aggravated robbery for the 1992 robbery and shooting-death of a United Dairy Farmer clerk, Frances Messinger. As required by the version of R.C. 2929.04(A) in effect in 1992, Carter's indictment included…