State v. Carter
95 N.E.3d 443
Ohio Ct. App.2018Background
- In 1992 Cedric Carter was indicted for aggravated murder and aggravated robbery; the indictment included a death-penalty specification under former R.C. 2929.04(A)(7).
- The indictment required the aggravating circumstance to be proved beyond a reasonable doubt and the jury was so instructed; the jury found Carter guilty of the offense and the death specification.
- At sentencing, the jury unanimously found the proved aggravating circumstances were sufficient to outweigh mitigating factors and recommended death; under the statute the judge could not impose death absent that recommendation.
- The trial judge independently performed the statutory weighing and found beyond a reasonable doubt that aggravating circumstances outweighed mitigation, then imposed death under former R.C. 2929.03(D)(3).
- Carter argued that Hurst v. Florida requires vacatur because judicial factfinding at sentencing violates the Sixth Amendment; the court rejected this argument.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ohio’s death-penalty scheme violated the Sixth Amendment under Hurst | State: Ohio statute required jury to find aggravating factors beyond a reasonable doubt, so no unlawful judicial factfinding | Carter: Hurst requires jury, not judge, to make the factual findings necessary to impose death; sentencing judge’s findings violate Sixth Amendment | Held: Ohio scheme complies with Hurst because jury found the aggravating elements at trial, making defendant death-eligible; sentencing weighing is not an element-finding that increases punishment |
Key Cases Cited
- Hurst v. Florida, 136 S. Ct. 616 (struck Florida statute requiring judge to find facts necessary for death sentence)
- Apprendi v. New Jersey, 530 U.S. 466 (any fact that increases penalty beyond statutory maximum must be found by jury)
- Ring v. Arizona, 536 U.S. 584 (jury must find any fact necessary to impose death penalty)
- State v. Belton, 149 Ohio St.3d 165 (Ohio Supreme Court: finding guilt of aggravating circumstance at trial renders defendant death-eligible; sentencing-phase weighing is not new factfinding)