Legal Opinion
Jason Getsy v. Betty Mitchell, Warden
Court of Appeals for the Sixth Circuit
Decided August 2, 2006No. 03-3200PublishedCited by 15 opinions
1Opinion of the CourtMerritt, J., joined by Moore, J.,
GILMAN, J. (pp. 598-616), delivered a separate dissenting opinion.
OPINION
MERRITT, Circuit Judge.
We hold that the death sentence in this case violates the Eighth Amendment “arbitrariness” standard outlined in Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346 (1972), which prohibits random, disproportionate capital sentences, as well as the proportionality requirement of Enmund v. Florida, 458 U.S. 782, 102 S.Ct. 3368, 73 L.Ed.2d 1140 (1982), and the due process, inconsistent verdict prohibition of Morrison v. California, 291 U.S. 82, 54 S.Ct. 281, 78 L.Ed. 664 (1934).
This is a…
2Cases cited87 opinions
- Williams v. TaylorSupreme Court of the United States · 2000
- Gregg v. GeorgiaSupreme Court of the United States · 1976
- Teague v. LaneSupreme Court of the United States · 1989
- Furman v. GeorgiaSupreme Court of the United States · 1972
- Liteky v. United StatesSupreme Court of the United States · 1994
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3Cited by15 opinions
- Getsy v. MitchellCourt of Appeals for the Sixth Circuit · 2007
- United States v. JacksonCourt of Appeals for the Fifth Circuit · 2008
- United States v. LawrenceCourt of Appeals for the Sixth Circuit · 2009
- Getsy v. StricklandCourt of Appeals for the Sixth Circuit · 2009
- United States v. MusickCourt of Appeals for the Sixth Circuit · 2008
10 more not listed; retrieve them via the Exa API.