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State v. Awkal

Citations: 128 Ohio St. 3d 1520; 948 N.E.2d 962Docket: 1995-1132

Court: Ohio Supreme Court; June 14, 2011; Ohio; State Supreme Court

Narrative Opinion Summary

The court granted the appellee’s motion to set an execution date for Abdul Hamin Awkal. The execution is scheduled to be carried out by the Warden of the Southern Ohio Correctional Facility, or by the Deputy Warden in the Warden's absence, on June 6, 2012. A certified copy of the court's entry and a warrant under the court's seal will be sent to the Warden, who is required to return it to the clerk of the Court of Common Pleas of Cuyahoga County.

Legal Issues Addressed

Delegation of Execution Authority

Application: The Warden of the Southern Ohio Correctional Facility is responsible for carrying out the execution, with delegation to the Deputy Warden if necessary.

Reasoning: The execution is scheduled to be carried out by the Warden of the Southern Ohio Correctional Facility, or by the Deputy Warden in the Warden's absence, on June 6, 2012.

Execution Date Setting

Application: The court has the authority to set an execution date for a death row inmate upon motion by the appellee.

Reasoning: The court granted the appellee’s motion to set an execution date for Abdul Hamin Awkal.

Transmission of Court Orders

Application: A certified copy of the court's order and a warrant must be sent to the Warden, who is then required to return it to the court clerk.

Reasoning: A certified copy of the court's entry and a warrant under the court's seal will be sent to the Warden, who is required to return it to the clerk of the Court of Common Pleas of Cuyahoga County.