STATE v. PATRICK

No. 2019-0655.

172 N.E.3d 952 (2020)

164 Ohio St.3d 309

2020-Ohio-6803

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

Supreme Court of Ohio.

Decided December 22, 2020.


Attorney(s) appearing for the Case

Paul J. Gains , Mahoning County Prosecuting Attorney, and Ralph M. Rivera , Assistant Prosecuting Attorney, for appellee.

John B. Juhasz , Youngstown, for appellant.

Dave Yost , Attorney General, Benjamin M. Flowers , Solicitor General, and Diane R. Brey , Deputy Solicitor General, urging affirmance for amicus curiae, Ohio Attorney General Dave Yost.

Timothy Young , Ohio Public Defender, and Brooke M. Burns , Assistant Public Defender; and Juvenile Law Center, Marsha L. Levick , and Andrew R. Keats , urging reversal for amici curiae, Office of the Ohio Public Defender, Juvenile Law Center, Inc., Central Juvenile Defender Center, Children's Law Center, Cuyahoga County Public Defender's Office, National Juvenile Defender Center, and Schubert Center for Child Studies.


{¶ 1} In this discretionary appeal, we consider whether R.C. 2953.08(D)(3) precludes an appellate court from reviewing a sentence imposed by a trial court for aggravated murder when a defendant raises a constitutional claim regarding that sentence on appeal. We hold that R.C. 2953.08(D)(3) does not preclude an appellate...

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