# State v. Holloway

> Ohio Supreme Court · August 24, 1988 · 38 Ohio St. 3d 239

URL: https://www.frixlaw.com/law-library/cases/6760611

## Case

- **Full name:** The State of Ohio v. Holloway
- **Court:** Ohio Supreme Court
- **Decided:** August 24, 1988
- **Citations:** 38 Ohio St. 3d 239; 527 N.E.2d 831; 1988 Ohio LEXIS 277
- **Precedential status:** Published
- **Opinion:** Concurrence by Douglas
- **Judges:** Brown, Douglas, Holmes, Locher, Moyer, Sweeney, Wright
- **Cited by:** 275 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6760611

## How later opinions describe it (automated extraction)

- stating that failure to object insufficient on its own to establish Highland App. No. 25CA24 34 ineffective assistance of counsel; instead, a defendant still must demonstrate that counsel substantially violated an essential duty and that counsel's performance materially prejud…
- stating that failure to object insufficient on its own to establish ineffective assistance of counsel; instead, a defendant still must demonstrate that counsel substantially violated an essential duty and that counsel’s performance materially prejudiced the defense

## Opinion text

Douglas, J.,
concurring. I find the trial court’s weighing to have been entirely proper. Of course, the R.C. 2929.04(B) mitigating factors do not relate to a defendant’s criminal culpability. They relate to reducing a defendant’s moral culpability for the crime committed or in some other way diminish the appropriateness of death as a penalty. See State v. Steffen (1987), 31 Ohio St. 3d 111, 129 , 31 OBR 273, 289, 509 N.E. 2d 383, 399 . This is what the trial judge in his written opinion was saying. Maybe he could have expressed himself a little more precisely — but couldn’t we all!

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6760611. Public record. Not legal advice.