State v. Kirkland

Defendant pled guilty to the murders of two women and to two counts of abuse of a corpse. After a jury trial, Defendant was convicted of aggravated murder with death specifications for the deaths of two girls. The trial court sentenced Defendant to death. The Supreme Court affirmed, holding, primarily, that (1) the State’s closing remarks in the penalty phase were “improper and substantially prejudicial,” but the Court’s independent evaluation and approval of the capital sentence cured the errors in the penalty-phase proceedings; (2) the trial court did not violate Ohio R. Evid. 404(B) by allowing a witness to testify that when she was thirteen years old Defendant exposed himself to her and offered her five dollars to engage in oral sex; (3) trial counsel did not render ineffective assistance; (4) the State presented sufficient evidence to convict Defendant of attempted rape or robbery in connection the murder of one of the girls; and (5) the sentence was appropriate. View "State v. Kirkland" on Justia Law