Ohio v. Kinney

Brief of Amicus Curiae, Office of the Ohio Public Defender [and the National Association of Criminal Defense Lawyers] in Support of Appellant, David C. Kinney, Jr.

Brief filed: 02/18/2020


Ohio v. Kinney

Supreme Court of Ohio; Case No. 2019-1103

Prior Decision

Decision below 2019 WL 2774306 (Ohio App. 7 Dist. June 28, 2019)


The prohibition in R.C. 2953.08(D)(3)--which is entirely unique to Ohio--is most accurately understood as a legislative oversight with severe unintended consequences. But even if not, it is unconstitutional on both cruel-and-unusual-punishment and equal-protection grounds. Amici Curiae urge this Court to provide meaningful appellate review of sentences for aggravated murder in Ohio.


Peter Galyardt, Assistant Ohio Public Defender, Columbus, OH; Stephanie F. Kessler, Pinales, Stachler, Young & Burrell Co., LPA, Cincinnati, OH; Kristina Supler NACDL, Cleveland, OH.

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