Opinion

State v. Anderson

  • 30 Ohio St. 2d 66
  • 59 Ohio Op. 2d 85
  • 282 N.E.2d 568
  • 1972 Ohio LEXIS 467
Court
Ohio Supreme Court
Filed
May 3, 1972
Status
Published
Author
Corrigan
On the bench
Brown, Corrigan, Herbert, Leach, Neill, Schneider, Stern
Cited by
26 cases
Authority
More cited than 15.0%

The opinion

Corrigan, J.,

concurring in judgment. I concur in the judgment of modification of the death sentence in this case, upon the basis of the failure of the trial judge to elicit from each of the excused members of the jury venire an affirmative answer to the question:

Can you unambiguously state that you would automatically vote against the imposition of capital punishment no matter what the trial might reveal?

This is the requirement under the Witherspoon doctrine which this court has literally followed in State v. Watson (1971), 28 Ohio St. 2d 15 .

Schneider, J., concurs in the foregoing concurring opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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