STATE v. YARBROUGH

No. 2000-2119.

104 Ohio St.3d 1 (2004)

2004-Ohio-6087

THE STATE OF OHIO, APPELLEE, v. YARBROUGH, APPELLANT.

Supreme Court of Ohio.

Decided December 1, 2004.


Attorney(s) appearing for the Case

Christopher Becker, Jefferson County Assistant Prosecuting Attorney, for appellee.

David H. Bodiker, Ohio Public Defender, Joseph E. Wilhelm, Appellate Supervisor, Death Penalty Division, Kelly Culshaw, and Kyle E. Timken, Assistant Public Defenders, for appellant.


MOYER, C.J.

{¶ 1} This is a regrettable case in which the attorneys involved — the prosecutor, defense counsel, and even the trial judge — failed to exercise the level of assiduity we expect of participants in the criminal prosecution of a capital case. The General Assembly has not authorized an Ohio court of common pleas to exercise jurisdiction over the prosecution of a defendant for the crime of aggravated murder when, as here, the...

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