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Ohio To Review Execution Case Over Double Jeopardy Claims


When you're charged with a crime and convicted, your sentence usually can only be adjusted with extra evidence or further investigations. What about something like the death penalty though? According to this article, one man has survived an execution attempt, and now people are arguing that if the state of Ohio tries to execute him again, it will be cruel and unusual punishment as well as double jeopardy.

The report states that the top court of Ohio will hear the arguments about this case, because the allegedly criminal survived a botched lethal injection. If the state attempts to put him to death again, it could mean that he would have gone through double jeopardy, which is illegal.

The 57-year-old man was sentenced to death for the rape and murder of a 14-year-old girl that took place in 1984. He had allegedly abducted her after school in Cleveland. He was sentenced to death, and an execution was tried in 2009. At that time, the governor stopped the execution after the team looked for a suitable vein for over two hours. The man had been stuck with needles at least 18 times, claiming that the pain was severe enough to make him cry.

Shockingly, an hour into the execution, the Department of Rehabilitation had recruited a doctor with no experience in executions to try to find a vein. The doctor was unsuccessful, according to the report, but now the 57-year-old is still waiting on death row. No execution date has been set, according to the reports, but the state court will hear constitution arguments against the death penalty in this specific case. The 57-year-old man has also appealed to the federal courts, but that is on hold until the state reviews the arguments.

Source: Deseret News, "Ohio court to weigh repeat execution attempt" Andrew Welsh-Huggins, Jun. 03, 2014