Legal Opinion

State v. Fautenberry

Ohio Supreme Court

Decided July 5, 1995No. 94-722PublishedCited by 110 opinions

1Opinion of the CourtAlice Robie Resnick, J.

In accordance with R.C. 2929.05(A), we are required to undertake a three-part review of appellant’s convictions and sentence of death. First, we must review the judgment and consider the issues raised on appeal as we do in all cases. Second, we must independently weigh the evidence disclosed in the record and determine whether the aggravating circumstances the appellant was found guilty of committing outweigh the mitigating factors beyond a reasonable doubt. Finally, we must decide whether the sentence of death is appropriate after considering whether the sentence is excessive or…

2Cases cited29 opinions

  1. Payne v. TennesseeSupreme Court of the United States · 1991
  2. Booth v. MarylandSupreme Court of the United States · 1987
  3. State v. LottOhio Supreme Court · 1990
  4. State v. JenkinsOhio Supreme Court · 1984
  5. South Carolina v. GathersSupreme Court of the United States · 1989

24 more not listed; retrieve them via the Exa API.

3Cited by110 opinions

  1. State v. SmithOhio Supreme Court · 1997
  2. State v. TreeshOhio Supreme Court · 2001
  3. State v. HunterOhio Supreme Court · 2011
  4. State v. LaMarOhio Supreme Court · 2002
  5. State v. MurphyOhio Supreme Court · 2001

105 more not listed; retrieve them via the Exa API.

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