Legal Opinion
Wiley Davis, Jr. v. Betty Mitchell, Warden
Court of Appeals for the Sixth Circuit
Decided February 4, 2003No. 00-4193PublishedCited by 41 opinions
1Opinion of the CourtMerritt, Judge, joined by Moore, Judge,
BOGGS, Judge (pp. 691-97), delivered a separate dissenting opinion.
OPINION
MERRITT, Circuit Judge.
Immediately following the trial court’s instruction regarding mitigating circumstances, the trial judge in this death penalty case from Ohio gave the jury a unanimity instruction, stating, “Now, as you know, since this is a criminal case, the law requires that in order for you to reach a decision all 12 of you must be in agreement.” 1 In addition to this express unanimity instruction in close proximity to the instruction on mitigating circumstances, the trial judge gave the jury a so-called…
2Cases cited13 opinions
- Williams v. TaylorSupreme Court of the United States · 2000
- Gregg v. GeorgiaSupreme Court of the United States · 1976
- Furman v. GeorgiaSupreme Court of the United States · 1972
- Ring v. ArizonaSupreme Court of the United States · 2002
- McCleskey v. KempSupreme Court of the United States · 1987
8 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Donald Williams, Petitioner-Appellee/cross-Appellant v. Carl S. Anderson, Respondent-Appellant/cross-AppelleeCourt of Appeals for the Sixth Circuit · 2006
- Lee Moore v. Betty MitchellCourt of Appeals for the Sixth Circuit · 2013
- Hartman v. BagleyCourt of Appeals for the Sixth Circuit · 2007
- Davie v. MitchellCourt of Appeals for the Sixth Circuit · 2008
- Kareem Jackson v. Margaret BradshawCourt of Appeals for the Sixth Circuit · 2012
36 more not listed; retrieve them via the Exa API.