The Ohio Supreme Court has upheld the death sentence of a Franklin County man who fatally stabbed his ex-girlfriend and her 4-year-old daughter.

The justices unanimously affirmed the aggravated murder convictions of Kristopher Garrett for the January 2018 murders of Nicole Duckson and her daughter.

The court also ruled that Garrett should receive the death penalty, but by a narrow 4 to 3 margin.

Sitting for Justice Jennifer Brunner, Sixth District Court of Appeals Judge Myron Duhart dissented, arguing the majority did not give sufficient weight to Garrett’s serious mental health issues, his lack of a prior criminal record, and a dysfunctional childhood.

Judge Duhart noted that while Garrett’s appeal was pending before the Supreme Court, a new law was passed stating that a person who has been diagnosed with a serious mental illness is ineligible for a death sentence if the illness significantly impaired the person’s capacity to exercise rational judgment.

Justices Michael P. Donnelly and Melody Stewart agreed with Judge Duhart.