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STATE v. SMITH

Nos. 96-677 and 96-678.

80 Ohio St.3d 89 (1997)

THE STATE OF OHIO, APPELLEE AND CROSS-APPELLANT, v. SMITH, APPELLANT AND CROSS-APPELLEE.

Supreme Court of Ohio.

Decided October 15, 1997.

Attorney(s) appearing for the Case

Betty D. Montgomery, Attorney General, and Michael L. Collyer, Assistant Attorney General; John F. Holcomb, Butler County Prosecuting Attorney, Daniel G. Eichel and John M. Holcomb, Assistant Prosecuting Attorneys, for appellee and cross-appellant.

David H. Bodiker, Ohio Public Defender, Kathleen A. McGarry and Stephen A. Ferrell, Assistant State Public Defenders, for appellant and cross-appellee.

Joseph T. Deters and William E. Breyer, urging affirmance for amicus curiae, Ohio Prosecuting Attorneys Association.

W. Andrew Hasselbach, urging reversal for amicus curiae, Ohio Association of Criminal Defense Lawyers.

J. Dean Carro, urging reversal for amicus curiae, Law Professors' Amicus Curiae Brief Committee.

LUNDBERG STRATTON, J.

In these appeals, Kenneth Smith challenges the constitutionality of the 1994 amendments to the Ohio Constitution that provide for the direct appeal of capital cases from common pleas courts to the Supreme Court of Ohio. Defendant also raises nineteen propositions of law for review. For the reasons that follow, we hold that Ohio's appellate process for capital cases does not violate the Equal Protection Clause or the Due Process Clause of the...

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