IN RE: OHIO EXECUTION PROTOCOL.
Angelo Fears, et al., Plaintiffs,
Gary Otte; Ronald Phillips; Raymond Tibbetts, Plaintiffs-Appellees,
v.
Donald Morgan, et al., Defendants-Appellants.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
KETHLEDGE, J., delivered the opinion of the court in which BATCHELDER, GIBBONS, ROGERS, SUTTON, McKEAGUE, GRIFFIN, and THAPAR, JJ., joined, and WHITE, J., joined in the analysis of judicial estoppel. MOORE, J. (pp. 892-909), delivered a separate dissenting opinion in which COLE, C.J. and CLAY, STRANCH, and DONALD, JJ., joined, and WHITE, J., joined in all except part II.C. regarding judicial estoppel. STRANCH, J. (pp. 909-10), delivered a separate concurrence to Judge Moore's dissent.
OPINION
KETHLEDGE, Circuit Judge.
Roughly two decades have passed since the plaintiffs in this case murdered their victims. Ronald Phillips raped a three-year-old girl and beat her so badly that her internal organs ruptured. For two days she suffered intense abdominal pain and vomiting, until her heart collapsed. See State v. Phillips...
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