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Appeals court upholds inmate’s sentence

David Martin to stay on death row

WARREN — The Ohio 11th District Court of Appeals on Tuesday upheld a Trumbull County judge’s decision to dismiss the appeal of a death row inmate convicted in 2014 for aggravated murder and other charges.

David Martin, 40, was sentenced to death by Trumbull County Common Pleas Judge Andrew D. Logan in September 2014 following his conviction for the execution-style killing of Jeremy Cole, 21, during a botched robbery on Sept. 27, 2012, at a home on Oak Circle SW in Warren. Melissa Putnam, then 30, was also shot in the head during the attack but survived her injuries.

Martin’s case drew additional attention when he and two other inmates at the Trumbull County jail took a corrections officer hostage in April 2014 while Martin awaited trial. No serious injuries were reported in the incident.

In March 2022, Martin petitioned Logan to vacate his death sentence, citing alleged errors during his trial and sentencing. His attorneys also argued that medical experts had determined Martin is intellectually disabled, which would render him ineligible for execution under constitutional protections. Logan dismissed the petition in December 2023.

Martin appealed that decision to the 11th District Court, which issued its ruling Tuesday.

Judge Mary Jane Trapp, writing for the court, stated that the four assignments of error raised by Martin’s attorneys were without merit.

However, the court declined to address the substantive validity of Martin’s claim of intellectual disability. Judge Eugene A. Lucci joined Trapp in affirming the lower court’s decision.

In a dissenting opinion, Judge Matt Lynch argued the decision should be reversed. Lynch contended that Martin’s petition met the criteria for untimely or successive postconviction filings, citing ineffective assistance of trial counsel and newly discovered facts necessary for Martin to present his claim of intellectual disability, known as an Atkins claim.

Martin remains on death row at the Ohio State Penitentiary in Youngstown.

Assistant Prosecutor Christopher Becker represented the state during Martin’s trial, while Assistant Prosecutor Ryan Sanders handled the case during the appeal process. Martin was represented in his postconviction efforts by the Federal Public Defender’s Office in Columbus.

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