# State v. Campbell

> Ohio Supreme Court · April 20, 1994 · 69 Ohio St. 3d 38

URL: https://www.frixlaw.com/law-library/cases/6769446

## Case

- **Full name:** The State of Ohio v. Campbell
- **Court:** Ohio Supreme Court
- **Decided:** April 20, 1994
- **Citations:** 69 Ohio St. 3d 38; 630 N.E.2d 339
- **Precedential status:** Published
- **Opinion:** Concurring in part by Sweeney
- **Judges:** Douglas, Moyer, Only, Pfeifer, Resnick, Sweeney, Wright
- **Cited by:** 496 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/6769446

## How later opinions describe it (automated extraction)

- holding that waiver of Miranda was not involuntary where defendant thought he was to be interrogated about an unrelated rape charge, when he was subsequently questioned about a murder
- explaining that a strategic failure to object is not ineffective assistance even where there is a legitimate legal ground for objecting

## Opinion text

A. William Sweeney, J.,
concurring in part and dissenting in part. While I concur in the reasoning of Parts I through XV of the majority opinion, I am constrained to dissent from the majority’s independent review of the death penalty sentence. In my view, whether the aggravating circumstance outweighs the mitigating factor of defendant’s psychological problems is such a close call that I cannot subscribe to the majority’s conclusion that the aggravating circumstance outweighs the mitigating factors beyond a reasonable doubt. Psychologist David Chiappone submitted compelling evidence that the burns and scars endured by defendant as a child are largely responsible for his antisocial behavior and drug/alcohol abuse problems. Thus, I believe that defendant’s antisocial behavior is in part “attributable to * * * emotional and mental problems,” making him “less culpable than defendants who have no such excuse.” California v. Brown (1987), 479 U.S. 538, 545 , 107 S.Ct. 837, 841 , 93 L.Ed.2d 934, 942 (O’Connor, J., concurring).
Accordingly, I would hold that the aggravating circumstance does not outweigh mitigation beyond a reasonable doubt, and therefore reverse the death penalty and remand for resentencing under State v. Penix (1987), 32 Ohio St.3d 369 , 513 N.E.2d 744 .
Wright, J., concurs in the foregoing opinion.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6769446. Public record. Not legal advice.