Legal Opinion
Cooey v. Strickland
District Court, S.D. Ohio
Decided April 21, 2009No. 2:04-cv-1156PublishedCited by 3 opinions
1Opinion of the Court
OPINION AND ORDER
GREGORY L. FROST, District Judge.
This matter is before the Court upon remand for consideration of whether the Court should continue a previously granted stay of execution to intervening plaintiff Kenneth Biros in light of Baze v. Rees, — U.S. —, 128 S.Ct. 1520, 170 L.Ed.2d 420 (2008). For the reasons that follow, this Court finds that Biros is not entitled to a continued stay and VACATES the stay of execution prohibiting the State of Ohio and any person acting on its behalf from implementing an order for the execution of Kenneth Biros.
I. Background
A. Procedural Background
The…
2Cases cited19 opinions
- Gregg v. GeorgiaSupreme Court of the United States · 1976
- University of Texas v. CamenischSupreme Court of the United States · 1981
- Marks v. United StatesSupreme Court of the United States · 1977
- Marks v. United StatesSupreme Court of the United States · 1977
- Baze v. ReesSupreme Court of the United States · 2008
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3Cited by3 opinions
- Jackson v. DanbergCourt of Appeals for the Third Circuit · 2010
- Cooey v. KasichDistrict Court, S.D. Ohio · 2011
- State v. BroomOhio Court of Appeals · 2012