The jury were also told that the final decision of whether to impose a death sentence rested with the trial judge. They say that this may have led some jurors to vote for the death penalty, even though they had doubts about its appropriateness for the case. The Court of Appeals of Ohio overturned the later grounds for appeal. They stated in their opinion that they did not endorse "the perpetuation of a practice that has fallen into disfavor in this state."