CINCINNATI (AP) — Ohio Attorney General Dave Yost has requested a hearing before a full panel of judges at the 6th U.S. Court of Appeals in Cincinnati to argue that a man considered intellectually disabled can and should be put to death.
Yost made the request Thursday after a three-judge panel ruled earlier this month for the second time that executing Danny Lee Hill, 53, would be unconstitutional, The Warren Tribune Chronicle reported.
The 6th Circuit's ruling May 20 was made after the U.S. Supreme Court ordered a rehearing because the appellate court's initial 2018 ruling relied on a case decided long after Hill was sentenced to death in 1985.
Hill was convicted in the slaying of a 12-year-old Boy Scout in northeast Ohio's Trumbull County. Raymond Fife was abducted while riding his bicycle to a Boy Scout meeting, beaten, raped, set on fire and left for dead. He died two days later.
Yost argued the latest 6th Circuit ruling was again based on erroneous case law.
Hill was 18 when Raymond was killed. Co-defendant Timothy Combs was 17 and couldn't be sentenced to death because of his age. Combs died in prison in 2018 while serving a life sentence.