State v. Short

Citations

• 2020 Ohio 5034

Syllabus

The trial court had jurisdiction to consider appellant's motion for a new mitigation trial. Ohio's death penalty scheme does not violate the Sixth Amendment right to a jury trial because the jury – not the trial judge – is required to find the defendant guilty of the aggravating circumstance specification necessary for death penalty eligibility. Thus, appellant is not entitled to a new mitigation trial under the authority of Hurst v. Florida, 577 U.S. 92, 136 S.Ct. 616, 193 L.Ed.2d 504 (2016). Judgment affirmed.