STATE v. WHITE

No. 2006-0295.

118 Ohio St.3d 12 (2008)

2008-Ohio-1623

THE STATE OF OHIO, Appellee, v. WHITE, Appellant.

Supreme Court of Ohio.

Decided April 9, 2008.


Attorney(s) appearing for the Case

Sherri Bevan Walsh, Summit County Prosecuting Attorney, and Richard S. Kasay, Assistant Prosecuting Attorney, for appellee.

David Bodiker, Ohio Public Defender, and Kathryn L. Sandford and Richard J. Vickers, Assistant Public Defenders, for appellant.

Michael Kirkman and Jane P. Perry, urging reversal for amici curiae Ohio Legal Rights Service and The Arc of Ohio.


CUPP, J.

{¶ 1} This appeal involves a claim by petitioner-appellant, Clifton White III, that he is mentally retarded and therefore constitutionally ineligible for the death penalty.

{¶ 2} In 1995, White broke up with his girlfriend, Heather Kawczk. Weeks later, White killed Kawczk's mother and Deborah Thorpe, who was the mother of Kawczk's new boyfriend, Michael Thorpe. During a subsequent confrontation at Kawczk...

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