Death Penalty Division 

Death Penalty Division attorneys focus on three areas of appeal: Direct Appeal, Post-Conviction, and Federal Habeas Corpus.  Working in this area of law places great demands on attorneys. It requires expertise in all of the laws controlling state death penalty appeals, as well as an expertise in federal civil procedure and the unique complexities of habeas corpus law.

Direct Appeals

When a defendant is sentenced to death at trial, the case is automatically appealed directly to the Ohio Supreme Court. This is called the "Direct Appeal." The direct appeal is a mandatory appeal and cannot be waived by the defendant. The direct appeal is limited to a review of any matters contained in the record made in the trial court. New evidence cannot be raised in this appeal.

Post-Conviction

Post-Conviction cases are taken under O.R.C. § 2953.21, and ask the trial court to compare new evidence with the evidence presented at trial, to determine if the trial was fair, reliable, and the death sentence was appropriate. Some examples of new evidence are: DNA, brain damage, evidence not turned over by prosecutors or police, evidence of trial attorney’s failing to provide effective assistance, and evidence about the defendants background or history.

Federal Habeas Corpus

Habeas Corpus is an appeal to the federal courts for wrongful conviction and unconstitutional imprisonment. There can be no habeas corpus appeal until the direct appeal and the post-conviction petitions are finished in state court. The direct appeal and post-conviction actions are then combined into one federal habeas corpus appeal.

► Death Penalty Staff

► Death Row Resident Information

► Capital Indictment Statistics

► Death Penalty Updates

► Execution Schedule

► Clemency Applications

► Death Penalty Internet Links

► Death Penalty News

"Then be not too eager to deal out
death in the name of justice, fearing for your own safety.  Even the wise
cannot see all ends."

J.R.R. Tolkien