United States Sixth Circuit

Under Ohio Revised Code 2929.04, a court may consider whether planning and violence of the crime were used to determine the absence of mitigating factors in the penalty phase of a murder trial.

Appellate Information

• Argued 08/07/2001
• Decided 11/14/2001
• Published 11/14/2001

Judges

• Before:  NORRIS, SUHRHEINRICH, and MOORE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Richard A. Chesley (argued and briefed), Jones, Day, Reavis & Pogue, Chicago, IL, for Petitioner-Appellant.


• For Appellees:
  
• Charles L. Wille (briefed), Ellen H. Weston (briefed), Karhlton F. Moore, Office of the Attorney General of Ohio, Columbus, OH, Henry G. Appel (argued), Attorney General's Office of Ohio, Capital Crimes Section, Columbus, OH, for Respondent-Appellee.