Is It Cruel and Unusual Punishment to Proceed with Second Execution Attempt?
Romell Broom v. State of Ohio, Case No. 2012-0852
Eighth District Court of Appeals (Cuyahoga County)
ISSUES:
- Do the cruel and unusual punishment clauses of the U.S. and Ohio constitutions prevent a second attempt to execute a man sentenced to death?
- Should the trial court have allowed discovery and a hearing in the post-conviction relief case? Did the appellate court err by adopting a "deliberate indifference" standard to review the man's claims and then refuse to remand the case to the trial court for consideration?
- Does a second attempt to execute the man punish him twice for the same crimes, a violation of the constitutional prohibitions against double jeopardy?
