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STATE v. HENRY

No. 82-266.

4 Ohio St. 3d 44 (1983)

THE STATE OF OHIO, APPELLANT, v. HENRY, APPELLEE. THE STATE OF OHIO, APPELLANT, v. LONG, APPELLEE.

Supreme Court of Ohio.

Decided March 16, 1983.

Attorney(s) appearing for the Case

Mr. James A. Berry, prosecuting attorney, and Ms. Sally Dilgart, for appellant.

Mr. Allen Lehmkuhl, for appellee Norman Henry.

Mr. Randall M. Dana, public defender, Ms. Elizabeth Manton and Ms. Jill Stone, for appellee Curtis Long.

SWEENEY, J.

I

The first issue before us concerns whether pursuant to R.C. 2901.02(B), aggravated murder is a capital offense requiring separate trials for jointly indicted defendants, where there has been no application for a joint trial as required by Crim. R. 14 and R.C. 2945.20.

The appellant, state of Ohio, contends that as a consequence of the United States Supreme Court decision in Furman v. Georgia (1972), 408...

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