Legal Opinion

In re Ohio Execution Protocol Litigation

District Court, S.D. Ohio

Decided November 5, 2012No. Case No. 2:11-cv-1016PublishedCited by 6 opinions

1Opinion of the Court

OPINION AND ORDER

GREGORY L. FROST, District Judge.

This matter is before the Court for consideration of a motion for a stay of execution, a temporary restraining order, and a preliminary injunction filed by Plaintiff Brett Hartman (ECF No. 130) and a memorandum in opposition filed by Defendants (ECF No. 133). The motion presents the question of whether this Court believes that Ohio will not fulfill its duties under the Constitution so that the Court should stop the scheduled November 13, 2012 execution of Hartman. The answer to this question turns on the burden involved. Hartman has the burden…

2Cases cited30 opinions

  1. Turner v. SafleySupreme Court of the United States · 1987
  2. Village of Willowbrook v. OlechSupreme Court of the United States · 2000
  3. Reynolds v. SimsSupreme Court of the United States · 1964
  4. Pell v. ProcunierSupreme Court of the United States · 1974
  5. University of Texas v. CamenischSupreme Court of the United States · 1981

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3Cited by6 opinions

  1. In re Ohio Execution Protocol LitigationDistrict Court, S.D. Ohio · 2017
  2. State v. Broom (Slip Opinion)Ohio Supreme Court · 2016
  3. Rommell Broom v. Tim ShoopCourt of Appeals for the Sixth Circuit · 2020
  4. In re Ohio Execution Protocol LitigationDistrict Court, S.D. Ohio · 2014
  5. State v. Broom (Slip Opinion)Ohio Supreme Court · 2016

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