GUMM v. MITCHELL

No. 11-3363.

775 F.3d 345 (2014)

Darryl GUMM, Petitioner-Appellee, v. Betty MITCHELL, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 22, 2014.


Attorney(s) appearing for the Case

ARGUED: Seth P. Kestner , Office of the Ohio Attorney General, Columbus, OH, for Appellant. Kathleen McGarry , McGarry Law Office, Glorieta, NM, for Appellee. ON BRIEF: Seth P. Kestner , Charles L. Wille , Office of the Ohio Attorney General, Columbus, OH, for Appellant. Kathleen McGarry , McGarry Law Office, Glorieta, NM, Lawrence J. Greger , Dayton, OH, for Appellee.

CLAY, J., delivered the opinion of the court in which DAUGHTREY, J. joined, and MOORE, J. joined in all but Part II.B.4.c. of the majority's opinion and in the judgment. MOORE, J. (pp. 385-86), delivered a separate concurring opinion.


OPINION

Petitioner Darryl Gumm is mentally retarded and has an IQ of approximately 70. He was convicted by an Ohio jury for the kidnapping, attempted rape, and murder of ten-year-old Aaron Raines. For these crimes, Petitioner was sentenced to death. His convictions and sentences were affirmed on direct appeal, and...

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