2013 Ohio 4300
Ohio Ct. App.2013Background
- Garduno was sentenced to death in 1976 for aggravated murder after a jury trial.
- In Garduno I (1979), this court reduced the penalty to life imprisonment following an Ohio Supreme Court order altering death sentences.
- The modification followed United States Supreme Court rulings in Lockett v. Ohio and Bell v. Ohio deeming Ohio's death-penalty scheme unconstitutional.
- In 2011 Garduno moved for resentencing under R.C. 2929.06 and, reasserting former R.C. 2967.19, sought resentencing after the modification, which was denied in 2012.
- Appellant argued entitlement to resentencing under these statutes; appellee contended the statutes do not apply given prior modification.
- The court held that R.C. 2929.06 did not apply retroactively to Garduno and that former R.C. 2967.19 did not authorize a resentencing because the court had already modified the sentence, effectively re-sentencing him via appellate action; parole eligibility was governed by former R.C. 2967.13.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether R.C. 2929.06 entitles resentencing | Garduno seeks resentencing under 2929.06. | Johnson v. Mitchell controls; 2929.06 not applicable to pre-1981 modifications. | Not entitled; 2929.06 does not apply. |
| Whether former R.C. 2967.19 entitles resentencing | Former 2967.19 would require resentencing after death sentence vacatur. | modification in Garduno I precludes resentencing under 2967.19. | Not entitled; modification amounts to resentencing. |
| Effect of modification on parole eligibility | APA lacks proper entry; parole issues unresolved. | Modified sentence subject to parole provisions; 15-year eligibility applies. | Modified sentence carries parole eligibility after 15 years under former 2967.13. |
Key Cases Cited
- Lockett v. Ohio, 438 U.S. 586 (U.S. Supreme Court, 1978) (death-penalty statute unconstitutional in Ohio)
- Bell v. Ohio, 438 U.S. 637 (U.S. Supreme Court, 1978) (death-penalty statute unconstitutional in Ohio)
- Johnson v. Mitchell, 85 Ohio St.3d 123 (1999) (2929.06 not applicable to pre-1981 modifications)
- State v. Consilio, 114 Ohio St.3d 295 (2007) (de novo review; statutory interpretation standard applied)
- State ex rel. Jackson v. McFaul, 73 Ohio St.3d 185 (1995) (habeas corpus relief principles; immediate release not guaranteed)