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STATE v. FOUST

No. 2002-1350.

105 Ohio St.3d 137 (2004)

2004-Ohio-7006

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

Supreme Court of Ohio.

Decided December 29, 2004.

Attorney(s) appearing for the Case

William D. Mason, Cuyahoga County Prosecuting Attorney, Gail D. Baker, Perry M. Kendall Jr., and Carol M. Skutnik, Assistant Prosecuting Attorneys, for appellee.

David L. Doughten and Alan C. Rossman, for appellant.

O'DONNELL, J.

{¶ 1} In this appeal, defendant-appellant, Kelly Foust, raises 13 propositions of law. Finding none meritorious, we affirm his convictions. We have independently weighed the aggravating circumstances against the mitigating factors and have compared his sentence to those imposed in similar cases, as R.C. 2929.05(A) requires. As a result, we affirm Foust's sentence of death.

{¶ 2} During the early morning of...

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