State v. Berry
State v. Berry
Opinion of the Court
Wilford Lee Berry, Jr. had expressed his desire to forgo further review of his convictions and death sentence. On November 18, 1996, we remanded the cause to the Court of Common Pleas of Cuyahoga County for a hearing on his competence to make the decision to waive review. State v. Berry (1996), 77 Ohio St.3d 1439, 671 N.E.2d 1279. On June 16, 1997, Berry reiterated, in open court, his desire to forgo any further challenges to his conviction and death sentence. On December 3, 1997, after reviewing the hearing record, we found Berry “competent to decide for himself whether to pursue or forgo further legal challenges to his conviction and death sentence.” State v. Berry (1997), 80 Ohio St.3d 371, 383, 686 N.E.2d 1097,1106.
In support of the pending Renewed Motion _ for Additional Evaluation of Appellant’s Competence to Forgo Challenges to Convictions and Death Sentence, the Public Defender submits evidence relating to a severe beating Berry received during a prison disturbance on September 5, 1997 — several weeks after Berry, in open court, reiterated his desire to waive further review of his case.
The Public Defender’s motions for additional evaluation of Berry’s competence to forgo his challenges to convictions and death sentence and for stay of execution are denied.
Motions denied.
. On September 17, 1997, the Public Defender filed a “Motion for Additional Evaluation” on the basis of the September 5 beating. We denied that motion on September 23, 1997. State v. Berry (1997), 80 Ohio St.3d 1402, 684 N.E.2d 335. Today the Public Defender renews it and also requests a stay of Berry’s execution, scheduled for February 19,1999.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.