A 2017 Bellaire murder case that gained national attention was heard at the state level on Tuesday morning.
David Kinney is trying to appeal his life without parole sentence.
According to state law, if you’re convicted of aggravated murder or murder, the right to appeal your sentence is taken away, so that’s what Kinney and his attorney Chris Gagin are fighting.
Now, the Ohio Supreme Court is looking into the case with this question: Is state law that bans appeals of life without parole sentences unconstitutional?
Gagin said during Tuesday’s hearing that he believes Kinney is a model prisoner, and there is no need to protect the public from him.
Kinney was convicted in the May 2017 murder of Brad McGarry at his Bellaire home, and Judge Frank Fregiato sentenced him in February 2018.
In April 2019, an appeal on the aggravated murder charge was heard by the Court of Appeals of Ohio 7th Appellate District.
It found all the decisions made by the trial court and jury were accurate.
Now, the state Supreme Court is focusing on the sentence — and its decision could have a wide-ranging effect on murder cases throughout the state. A decision is expected soon.