Legal Opinion

Billy Joe Sowell v. Margaret Bradshaw, Warden

Court of Appeals for the Sixth Circuit

Decided June 23, 2004No. 02-3441PublishedCited by 97 opinions

1Opinion of the CourtRogers, J., joined by Batchelder, J.,

MOORE, J. (pp, 838-11), delivered a separate dissenting opinion.

OPINION

ROGERS, Circuit Judge.

The state of Ohio indicted Petitioner Billy Joe Sowell for murder, with a stipulation that he could receive the death penalty. Relying on advice of his counsel, So-well opted to be tried by a three-judge panel rather than by a 12-member jury. Sowell’s counsel was confident that one of the three judges on the panel would refuse to recommend death. The panel nevertheless imposed the death penalty, and So-well’s direct and collateral appeals through the Ohio courts were unsuccessful. On federal habeas…

2Cases cited29 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Estelle v. McGuireSupreme Court of the United States · 1991
  3. Duncan v. LouisianaSupreme Court of the United States · 1968
  4. Adams v. United States Ex Rel. McCannSupreme Court of the United States · 1943
  5. Patton v. United StatesSupreme Court of the United States · 1930

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3Cited by97 opinions

  1. Day v. McDonoughSupreme Court of the United States · 2006
  2. Maxwell D. White, Jr. v. Betty Mitchell, WardenCourt of Appeals for the Sixth Circuit · 2005
  3. State v. KettererOhio Supreme Court · 2006
  4. Jells v. MitchellCourt of Appeals for the Sixth Circuit · 2008
  5. George Vickers, Jr. v. Superintendent Graterford SCICourt of Appeals for the Third Circuit · 2017

92 more not listed; retrieve them via the Exa API.

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