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STATE v. BROOKS

No. 17922.

118 Ohio App.3d 444 (1997)

The STATE of Ohio, Appellant, v. BROOKS, Appellee.

Court of Appeals of Ohio, Ninth District, Summit County.

Decided February 26, 1997.

Attorney(s) appearing for the Case

Maureen O'Connor, Summit County Prosecuting Attorney, and Philip D. Bogdanoff, Assistant Prosecuting Attorney, for appellant.

Annette L. Powers and Irving B. Sugerman, for appellee.

DICKINSON, Presiding Judge.

The state of Ohio has appealed from the trial court's refusal to reimpose the death penalty against defendant Antonio Brooks. The trial court followed the Ohio Supreme Court's mandate and resentenced defendant in accordance with that court's reversal of his death sentence. The state has argued that the trial court should have reimposed the death penalty because the Ohio Supreme Court's reversal of it was based on an instruction that was...

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