He was known as "The Volunteer" because he was the first convict to waive his right to appeal his death sentence after Ohio reinstated capital punishment, and was executed by lethal injection.

Two psychiatrists appointed by the court diagnosed a mixed personality disorder with schizotypal, borderline and antisocial features but found him to be competent to waive his rights.

After hearing the evidence, the trial judge issued an order on July 22, 1997, found that, although having a mixed personality disorder with schizotypal, borderline and antisocial features, Berry "is competent to forego [sic] any and all further legal challenges".

Berry's right hand was also heavily damaged because he used it in an attempt to protect the back of his head from blows inflicted by a heavy padlock swung on a chain.

His supporters unsuccessfully sought to use those injuries to establish that Berry was no longer competent, but the state and federal courts repeatedly rejected that argument.