Robert Lonberger v. Arnold R. Jago, Superintendent, Southern Ohio Correctional Facility

JOHN W. PECK, Senior Circuit Judge.

This is an appeal from an order of the United States District Court for the Northern District of Ohio, Western Division, dismissing petitioner’s Motion for a Writ of Habeas Corpus. Petitioner, Robert Lonber-ger, is an Ohio prisoner who was convicted by a jury of aggravated murder with a “specification,” which resulted in the death penalty under Ohio’s sentencing enhancement statute. Subsequently, the Ohio Court of Appeals reversed the conviction of aggravated murder, and reduced the verdict to the lesser included offense of murder. On remand, the trial court…