STATE v. RIVERA

C.A. Nos. 08CA009426, 08CA009427

2009 Ohio 1428

State of Ohio, Appellant/Cross-Appellee, v. Ruben O. Rivera, and Ronald McCloud, Appellees/Cross-Appellants.

Court of Appeals of Ohio, Ninth District, Lorain County.

Dated: March 30, 2009.


Attorney(s) appearing for the Case

Dennis Will, prosecuting attorney, Billie Jo Belcher, and Anthony D. Cillo, assistant prosecuting attorneys, for appellant/cross-appellee.

Matthew A. Kanai, and Stephen E. Maher, assistant attorneys general, for appellant/cross-appellee.

Gregory C. Trout, chief counsel, ohio department of rehabilitation and correction, attorney for appellant/cross-appellee.

Jeffrey Gamso, legal director, aclu of ohio foundation, for appellees/cross-appellants.

Kreig J. Brusnahan, attorney at law, for appellee/cross-appellant.

Daniel G. Wightman, attorney at law, for appellee/cross-appellant.


DECISION AND JOURNAL ENTRY

DICKINSON, Presiding Judge

INTRODUCTION

{¶1} In June 2008, the trial court held unconstitutional the State of Ohio's method of execution by lethal injection. The State moved for leave to appeal, and Ruben Rivera and Ronald McCloud, the defendants in the two criminal cases before the trial court, cross-appealed. This Court granted the State's motion for leave to appeal, and the parties filed briefs. Although...

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