Name: Ohio Supreme Court OKs release of convicted Cleveland killer who judge forgot to sentence to life in prison
Brand: cleveland.com
SKU: cleveland-com-188
Availability: OnlineOnly

critic

Ohio Supreme Court OKs release of convicted Cleveland killer who judge forgot to sentence to life in prison

preview

NEW!245sharesCLEVELAND, Ohio -- The Ohio Supreme Court on Friday cleared the immediate release of a prisoner whom a Cuyahoga County judge mistakenly sentenced to 18 years in prison instead of 18 years-to-life on a murder conviction.The Ohio Department of Rehabilitation and Corrections and the offices of Cuyahoga County Prosecutor Michael O’Malley and Chief Public Defender Mark Stanton all agreed that Rogers Henderson should be released after the court’s justices on Wednesday unanimously held that prosecutors waited too long to seek to correct the error imposed at Henderson’s 1999 sentencing.The court late Friday granted a joint motion filed by O’Malley’s and Stanton’s offices allowing the prisons to release Henderson before the closing of a 10-day window that allows prosecutors to ask the court to reconsider its ruling before it takes effect.The motion says that O’Malley’s office does not plan to ask the court to reconsider, and the state prison system would like to release Henderson from the Lake Erie Correctional Institution as soon as possible.Henderson was arrested in September 1999 and charged with aggravated murder in the shooting death of Lester Bryant in Cleveland. He pleaded guilty to a murder charge that carried a mandatory sentence of life in prison with no chance at parole until 18 years behind bars. Then-Common Pleas Court Judge Eileen A. Gallagher forgot to impose the life sentence, instead sentencing him to 18 years.Prosecutors waited until days before his sentence was set to expire in September 2017 to ask another judge to impose the life sentence. The judge granted their request, and Henderson appealed it to the 8th District Court of Appeals and then, after the appeals court upheld his life sentence, the Ohio Supreme Court.The state’s that even though Henderson’s sentence did run afoul of state law, prosecutors should have either objected during the 1999 sentencing hearing or filed a direct appeal shortly after to address the error.The majority opinion also upended several years of legal precedent and limited the instances where courts can declare a defendant’s void.Read more storiesNote to readers: if you purchase something through one of our affiliate links we may earn a commission.

NEW!245sharesCLEVELAND, Ohio -- The Ohio Supreme Court on Friday cleared the immediate release of a prisoner whom a Cuyahoga County judge mistakenly sentenced to 18 years in prison instead of 18 years-to-life on a murder conviction.The Ohio Department of Rehabilitation and Corrections and the offices of Cuyahoga County Prosecutor Michael O’Malley and Chief Public Defender Mark Stanton all agreed that Rogers Henderson should be released after the court’s justices on Wednesday unanimously held that prosecutors waited too long to seek to correct the error imposed at Henderson’s 1999...

public

Cory Shaffer

Breaking news, sports and entertainment from across Northeast Ohio.

cleveland.com

Credible

Speculation

Anecdotal Evidence

Generalization

Stacking the Deck

Appeal to Authority

Straw Man

Slippery Slope

Emotional Appeal

Red Herring

False Dilemma

Illogical

Moral Equivalency

Ad Hominem

Correlation w/o Causation

Semantics

Begging the Question

Faulty Analogy

Non Sequitur

Bandwagon

Dogmatism

Failing Occam's Razor

Biased

Pure Opinion

Hit Piece

Racial Bias

National Bias

Religious Bias

Financial Incentive

Political Agenda

Gender Bias

Misused Image/Video

Study Misinterpreted

Mistake

Misused Term

Science Misrepresented

Factual Error

Satire

Surface Level

Lack of Reliable Sources

Sensational

Not Credible

Investigative

Balanced

Well Sourced

Great Context

sports

entertainment

U.S.

international

business

technology

science

culture

politics

media

health

Ohio Supreme Court OKs release of convicted Cleveland killer who judge forgot to sentence to life in prison

No article scores yet.

CRITIC REVIEWS

PUBLIC REVIEWS