The Ohio Second District Court of Appeals has ordered a new sentencing hearing for Nicole Cunigan Jr., who was convicted of shooting and killing 32‑year‑old Precious Taste, who was four months pregnant, and 16‑year‑old Deante Johnson. The appellate panel found that the trial court did not make the statutory findings required for imposing consecutive repeat violent‑offender sentences.

Statutory errors identified by the court

According to the court’s opinion, Cunigan was never informed of the statutory presumption that required him to enroll in the state’s violent‑offender database. The trial judge also failed to tell him that he could file a written motion to rebut that presumption. Additionally, the appellate judges noted that Cunigan was not made aware of the effect of any rebuttal or the procedures for a post‑rebuttal hearing.

Impact on the original sentence

Cunigan was originally sentenced to a term of 39 years to life in prison. Because the trial court omitted the required statutory warnings, the appeals court concluded that the sentencing process was incomplete and ordered a resentencing. No new sentencing date has been set at this time.

Background of the case

The murders occurred in 2022 when Cunigan opened fire on Taste, who was pregnant, and Johnson, a teenager. Both victims died at the scene. The case drew significant attention in the Dayton area and was previously reported by News Center 7. The appellate decision underscores the importance of adhering to procedural safeguards that protect defendants’ rights, even in the most serious criminal matters.

Legal context

Ohio law requires that defendants charged with repeat violent offenses be informed of a statutory presumption that they must enroll in a violent‑offender database. The law also provides a mechanism for defendants to challenge that presumption through a written motion. Failure to provide these warnings can invalidate a sentencing order, as demonstrated in this case.

Next steps

The Ohio Department of Rehabilitation and Correction will schedule a new sentencing hearing once the court sets a date. Until then, Cunigan remains incarcerated at the facility where he is serving his current sentence.

Community members and victims’ families have expressed a desire for closure while also emphasizing the need for the legal process to be followed correctly. The appeals court’s decision reflects a commitment to procedural fairness, even in cases involving the most heinous crimes.

Original reporting: WHIO-TV Dayton (local) — read the source article.