Ah...time for the eye test I see...how many fingers am I holding up?
From the above article:
Quote:
Juries in Ohio must find offenders guilty of a serious secondary offense — such as rape, arson or aggravated robbery — in addition to aggravated murder to recommend a death sentence.
Nields was convicted of aggravated robbery for taking Newsome’s car and money from her purse.”
He was convicted....he took her car and her money besides choking her to death...
The death panalty applies and the only reason he isnt being put to death is becuase of some murder coddling libtards who have a say in the matter...
You’ll note then even aggravated battery applies....your notion of not getting the death penalty for killing someone while simply trying to assault them isnt even close to what the law is...
This is clearly a death penalty case....and it should have been carried out...
I await your further insults and hyperbole with passing wind.
I see you left the rest of the paragraph out...
But the 6th U.S. Circuit Court of Appeals questioned whether those acts supported the robbery charge and said his death sentence barely fit the definition of capital punishment under Ohio law.
Robbery was not the intent of the crime, which CLEARLY is what is being addressed in the requisite aggravating factors of the statute.
"You’ll note then even aggravated battery applies....your notion of not getting the death penalty for killing someone while simply trying to assault them isnt even close to what the law is..."
OK, now you're just making things up. The word "battery" appears NOWHERE in the statute. Try again.
I'll type slower, perhaps that will help. People who kill their spouses during an incident of domestic violence, absent any aggravating factors, are NOT eligible for the death penalty in Ohio, or in any state in the Union.
The Ohio governor (who has seen almost a dozen men executed during his tenure) agreed with the man who wrote the Ohio death penalty statute. This particular case didn't merit execution as it did not fit the spirit of the statute.