Legal Opinion
Mitts v. Bagley
Court of Appeals for the Sixth Circuit
Decided September 8, 2010No. 05-4420PublishedCited by 13 opinions
1Opinion of the CourtMerritt, J., joined by Martin, J.,
SILER, J. (pp. 664-65), delivered a separate opinion concurring in part and dissenting in part.
OPINION
MERRITT, Circuit Judge.
This Ohio death penalty case turns on the validity of certain ■ jury instructions that impose a mandatory death penalty that must be addressed first by the jury before consideration is given to life imprisonment. The Ohio “acquittal first” death penalty instructions in this case are the same Ohio instructions that were given in the recent case of Smith v. Spisak, 554 U.S. -, 130 S.Ct. 676, 175 L.Ed.2d 595 (2010). In Spisak, the Supreme Court held that in light of AEDPA…
2Cases cited42 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Williams v. TaylorSupreme Court of the United States · 2000
- Wiggins v. Smith, WardenSupreme Court of the United States · 2003
- United States v. CronicSupreme Court of the United States · 1984
- Bell v. ConeSupreme Court of the United States · 2002
37 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Henness v. BagleyCourt of Appeals for the Sixth Circuit · 2011
- State v. Cepec (Slip Opinion)Ohio Supreme Court · 2016
- Kareem Jackson v. Margaret BradshawCourt of Appeals for the Sixth Circuit · 2012
- Bobby v. MittsSupreme Court of the United States · 2011
- James Conley v. Warden, Chillicothe Correctional Inst.Court of Appeals for the Sixth Circuit · 2012
8 more not listed; retrieve them via the Exa API.