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STATE v. HUGHBANKS

No. C-040011.

159 Ohio App.3d 257 (2004)

2004-Ohio-6429

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

Court of Appeals of Ohio, First District, Hamilton County.

Decided December 3, 2004.

Attorney(s) appearing for the Case

Michael K. Allen, Hamilton County Prosecuting Attorney, and Paula E. Adams, Assistant Prosecuting Attorney, for appellee.

Buell & Sipe Co., L.P.A., and Dennis L. Sipe, Marietta, for appellant.

HILDEBRANDT, Presiding Judge.

{¶ 1} Petitioner-appellant, Gary L. Hughbanks Jr., appeals the denial of his postconviction petition in which he sought relief from his death sentences on the ground that he was mentally retarded. On appeal, he advances six assignments of error. Upon our determination that he was entitled to a hearing on his second postconviction claim, we reverse the judgment of the common pleas court.

{¶ 2}

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