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“A motion for reconsideration ‘shall not constitute a re-argument of the case,’” the prosecutors’ motion said. “Myers’ motion does just that.”
Earlier this month, the court affirmed the death penalty for Myers for the stabbing death of childhood friend Justin Back at his home outside Waynesville in January 2014.
At the time, Myers was the youngest on Ohio’s Death Row.
He is still apparently the second youngest 3 1/2 years after being sentenced for the murder of Back, 18, of Wayne Twp.
Myers was sentenced to death on Oct. 16, 2014, for Back’s murder during a robbery.
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Another Clayton man, Timothy Mosley, actually stabbed Back to death, but he was sentenced to life in prison without parole in exchange for his testimony.
In response to the high-court ruling, lawyers for Myers motioned for the court to overturn the conviction and call a new trial “or in the alternative that his sentence be modified to life without parole.”
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On Thursday, County Prosecutor David Fornshell and Assistant County Prosecutor Kirsten Brandt contested the arguments for the Supreme Court to take another look at the case.
The court also scheduled Myers’ execution for July 20, 2022.
His lawyers could still appeal to the U.S. Supreme Court.
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