COLUMBUS, Ohio (AP) — A condemned killer wants the Ohio Supreme Court to reconsider its decision upholding his death sentence even though a co-defendant who fatally stabbed the victim received a life sentence.
Death row inmate Austin Myers was sentenced to die for the 2014 killing in southwestern Ohio of childhood friend Justin Back during a burglary.
Attorneys for the 22-year-old Myers argue his death sentence is disproportionate because of the life sentence given to co-defendant Tim Mosley.
Myers’ lawyers asked the Supreme Court on Tuesday to reconsider its ruling that a death sentence was appropriate because Myers had a large role in the killing, from planning it to restraining the victim while he was stabbed.
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The attorneys say “lopsided” facts about each defendant’s role require life sentences for both.