Billy Joe Sowell v. Margaret Bradshaw, Warden
Court of Appeals for the Sixth Circuit
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
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Estelle v. McGuireSupreme Court of the United States · 1991
- Duncan v. LouisianaSupreme Court of the United States · 1968
- Adams v. United States Ex Rel. McCannSupreme Court of the United States · 1943
- Patton v. United StatesSupreme Court of the United States · 1930
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3Cited by97 opinions
- Day v. McDonoughSupreme Court of the United States · 2006
- Maxwell D. White, Jr. v. Betty Mitchell, WardenCourt of Appeals for the Sixth Circuit · 2005
- State v. KettererOhio Supreme Court · 2006
- Jells v. MitchellCourt of Appeals for the Sixth Circuit · 2008
- George Vickers, Jr. v. Superintendent Graterford SCICourt of Appeals for the Third Circuit · 2017
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