STATE v. HARWELL

No. 2002-1716.

102 Ohio St.3d 128 (2004)

2004-Ohio-2149

The State of Ohio, Appellant, v. Harwell, Appellee.

Supreme Court of Ohio.

Decided May 12, 2004.


Attorney(s) appearing for the Case

Julia R. Bates, Lucas County Prosecuting Attorney, and Eric A. Baum, Assistant Prosecuting Attorney, for appellant.

Gamso, Helmick & Hoolahan and Jeffrey M. Gamso, for appellee.

Jim Petro, Attorney General, Douglas R. Cole, State Solicitor, Stephen P. Carney, Senior Deputy Solicitor, and Christopher D. Stock, Deputy Solicitor, urging reversal for amicus curiae Ohio Attorney General.

McGarry Law Office and Kathleen McGarry, urging affirmance for amicus curiae Ohio Association of Criminal Defense Lawyers.


Pfeifer, J.

{¶ 1} In this case, we are asked to determine whether a juvenile charged with aggravated murder and a capital specification is charged with a capital offense, even though the offender is ineligible for the death penalty. For the reasons that follow, we conclude that Harwell was charged with a capital offense.

{¶ 2} On February 3, 2000, appellee Robert...

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