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89 Ohio St. 3d 593

State v. Carter

Ohio Supreme Court

Decided September 13, 2000

Ohio Supreme Court · decided 2000-09-13

Good law ✅— No negative treatment on recordhow we know

Decided 2000-09-13

How this case has been cited

Cited by 308 later decisions — most recently November 2025 · most notably State v. Issa (2001), State v. Conway (2006)

4 federal appellate · 298 state decisions

1650200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Pfeifer, J.,

¶1concurring. We are charged to independently weigh each sentence of death. Among the factors we consider are whether the death sentence is appropriate and proportionate. When petty theft (for that is what taking $150 is) elevates a murder to a felony-murder capital offense, I believe a death sentence is not appropriate. See Rosen, Felony Murder and the Eighth Amendment Jurisprudence of Death (1990), 31 B.C.L.Rev. 1103; Ledewitz, The New Role of Statutory Aggravating Circumstances in American Death Penalty Law (1984), 22 Duq.L.Rev. 317. I could not with a good conscience have affirmed a death sentence based solely on the aggravated-robbery specification.

¶2Here, however, there is a second felony-murder specification, which was proved beyond a reasonable doubt. Based on that specification, the death sentence imposed is both appropriate and proportionate. Accordingly, I concur with the majority opinion, with respect to the convictions and the death sentence.

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