The Ohio Supreme Court is expected to rule within 2 months on a case challenging a constitutional amendment that shortens appeals of death penalty convictions. Lawyer Kathleen McGarry argued before the court Wednesday that the amendment which was approved by voters in 1994 is unconstitutional and unfair to prisoners on death row. Ohio has not had an execution since 1963. McGarry represents Kenneth Smith of Butler County, who was convicted of killing Ruth and Lewis Ray in their Hamilton home in 1995. The voter-approved amendment removed the state appeals court state, so prisoners' appeals go directly to the Ohio Supreme Court.
Appeals then move into the federal courts.