COLUMBUS (WTRF) The Ohio Supreme Court has ruled that a college student sentenced to life in prison for murdering a newborn on campus can have a new sentencing hearing. court news ohio.
Emile Weaver of Clarington, Ohio, was convicted of murdering a newborn baby in a Muskingham College dormitory bathroom in 2016. she was in her sophomore year.
Local authorities said the baby was born alive but suffocated in a garbage bag.
The Supreme Court ruled 4 to 3, and because Weaver’s attorneys failed to account for neonatal murder, the murder of an infant within 24 hours of birth, at her sentencing hearing, Weaver sought the assistance of ineffective attorneys. determined to have received it. Infanticide can be viewed as an act of panic rather than a premeditated act.
The Muskingum County Common Petitions Court denied Weaver’s claim that Weaver’s attorney was invalid. However, the Supreme Court overturned this ruling.
Justice R. Patrick DeWine wrote a dissenting opinion that Weaver’s attorneys were ineffective in explaining the infanticide, writing: defense and trial It wasn’t that she killed the baby, it was that the baby died of natural causes. Expecting her defense to explain how Weaver suffered her pregnancy denial would undermine her claim that she didn’t kill the baby. ”
supreme court Remanded Submit the case to the court of first instance, directing another judge to decide.
https://www.wtrf.com/news/ohio-headlines/local-college-student-found-guilty-of-murdering-her-baby-granted-new-hearing-ohio-supreme-court/ Ohio Supreme Court Allows New Hearing After Local College Student Convicted of Baby Killing