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STATE v. CARTER

No. C-030657.

157 Ohio App.3d 689 (2004)

2004-Ohio-3372

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

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

Decided June 29, 2004.

Attorney(s) appearing for the Case

Michael K. Allen, Hamilton County Prosecuting Attorney, and Ronald W. Springman, Assistant Prosecuting Attorney, for appellee.

David H. Bodiker, State Public Defender, and Steven Ferrell, Assistant Public Defender, for appellant.

HILDEBRANDT, Judge.

{¶ 1} Petitioner-appellant, Cedric Carter, has taken the instant appeal from the denial of his postconviction petition in which he sought relief from his death sentence on the ground that he is mentally retarded. On appeal, Carter advances four assignments of error. Upon our determination that Carter was entitled to a hearing on his petition, we reverse the judgment of the common pleas court.

{¶ 2} In...

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