DocketNumber: 2005-2436
Judges: Moyer, Stratton, O'Connor, O'Donnell, Lanzinger, Cupp, Pfeifer
Filed Date: 6/30/2009
Status: Precedential
Modified Date: 11/12/2024
concurring.
{¶ 332} At trial, the prosecutor presented and the trial court allowed unnecessary evidence, including 19 firearms that were not involved in the murders and dozens of pictures that were repetitive. I am troubled by the inclusion of evidence that was so rife with potential prejudice. See Evid.R. 401 and 403. Although whether the jury was prejudiced by this evidence is a close call, I reach the same conclusion as the majority and therefore concur in affirming the sentence of death.