Was Resentencing in Death Penalty Case Conducted Properly?

Donald J. Ketterer v. State of Ohio, Case no. 2011-0093

Butler County Court of Common Pleas

ISSUES:

When a death-penalty case is sent back to the trial court for resentencing, is a criminal defendant entitled to discovery?

Were the aggravated robbery, aggravated burglary, and murder convictions in this case "allied offenses" that should have been merged, or were they separate offenses as the trial court determined?

Did the trial court improperly sentence the defendant to consecutive terms of postrelease control for his offenses that were not punishable by death?

Did the trial court impose a fine on the defendant without considering his ability to pay it?

Did the trial court charge court costs to the defendant without addressing the issue with the defendant at sentencing?