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STATE v. HANCOCK

No. 2004-1024.

108 Ohio St.3d 194 (2006)

2006-Ohio-658

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

Supreme Court of Ohio.

Decided March 1, 2006.

Attorney(s) appearing for the Case

David H. Bodiker, Ohio Public Defender, Wendi Dotson, and Rachel Troutman, Assistant State Public Defenders, for appellant.

Rachel Hutzel, Warren County Prosecuting Attorney, Andrew L. Sievers, and Mary K. Hand, Assistant Prosecuting Attorneys, for appellee.

Per Curiam.

{¶ 1} Appellant, Timothy Hancock, challenges the denial of his application to reopen his direct appeal pursuant to App.R. 26(B).

{¶ 2} Hancock was convicted of the aggravated murder of Jason Wagner with death specifications. After the penalty phase, the jury recommended a death sentence. However, before sentencing, the trial court declared a mistrial of the penalty phase and—without weighing...

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