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ABOUT
THE
DEATH PENALTY DIVISION
Death Penalty Division attorneys focus on three areas
of appeal: Direct Appeal, Post-Conviction, and Federal
Habeas Corpus. This division also contains the Trial
Section; and the Mitigation and Investigative
Section. 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 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.
Trial Section
The Trial Section was created in 1998. This section provides representation in any criminal case when appointed by a trial court, or requested by a county public defender. This includes trials from misdemeanors to death sentences. There are
two attorneys in this
section.
Mitigation and Investigation Section
The Mitigation and Investigation was created in 1998. The
Mitigators and Investigators provide assistance for both capital and non-capital trial level cases throughout the state, as well as provide assistance on capital and non-capital cases throughout their appeal process. This unit also provides alternative sentencing/placement investigation and assistance. This section is supervised by
Dorian Hall.
Criminal Investigators assist attorneys by locating evidence that contradicts the prosecution’s case, and will be used either at the trial, or if the trial is already over, on appeal. There are
five criminal investigators at the Ohio Public Defender.
A Mitigation Specialist assists attorneys in locating evidence that will mitigate or lessen the punishment imposed on client found guilty at trial. This may range from evidence the client would function well on probation, to reasons why a death sentence may not be appropriate for a client. There are
four mitigation specialists at the Ohio Public Defender.
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