Legal Opinion
Cooey v. Strickland
Court of Appeals for the Sixth Circuit
Decided December 7, 2009No. 09-4474PublishedCited by 85 opinions
1Opinion of the Court
OPINION
JULIA SMITH GIBBONS, Circuit Judge.
This appeal presents the question of whether to stay the execution of Kenneth Biros, scheduled for December 8, 2009, at 10:00 a.m., based on his challenge to the lethal injection procedure by which Ohio intends to carry out his death sentence. The district court denied Biros’s request for a stay, and, because we agree that Biros in particular is unable to demonstrate a likelihood of success on the merits of his Eighth Amendment claim, we affirm.
When a state permissibly chooses to impose the death penalty on a properly convicted criminal, the state,…
2Cases cited32 opinions
- Gregg v. GeorgiaSupreme Court of the United States · 1976
- Furman v. GeorgiaSupreme Court of the United States · 1972
- Marks v. United StatesSupreme Court of the United States · 1977
- Marks v. United StatesSupreme Court of the United States · 1977
- Cone v. BellSupreme Court of the United States · 2009
27 more not listed; retrieve them via the Exa API.
3Cited by85 opinions
- Samuel Lopez v. Janice BrewerCourt of Appeals for the Ninth Circuit · 2012
- David Zink v. George LombardiCourt of Appeals for the Eighth Circuit · 2015
- Cook v. BrewerCourt of Appeals for the Ninth Circuit · 2011
- Fears v. MorganCourt of Appeals for the Sixth Circuit · 2017
- Jackson v. DanbergCourt of Appeals for the Third Circuit · 2010
80 more not listed; retrieve them via the Exa API.