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STATE v. GUMM

Nos. C-050647, C-050704 and C-050752.

169 Ohio App.3d 650 (2006)

2006-Ohio-6451

The STATE of Ohio, Appellant and Cross-Appellee, v. GUMM, Appellee and Cross-Appellant.

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

Decided December 8, 2006.

Attorney(s) appearing for the Case

Lawrence J. Greger and Kathleen McGarry, for appellee and cross-appellant.

Joseph T. Deters, Hamilton County Prosecuting Attorney, and William E. Breyer, Assistant Prosecuting Attorney, for appellant and cross-appellee.

HILDEBRANDT, Presiding Judge.

{¶ 1} The state of Ohio appeals the Hamilton County Common Pleas Court's judgment granting Darryl Gumm's postconviction claim seeking relief from his death sentence on the ground that he is mentally retarded. In his cross-appeal, Gumm challenges the denial of the balance of his postconviction claims. We affirm the court's judgment.

{¶ 2} In 1992, Gumm was convicted of aggravated murder and was...

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