STUMPF v. HOUK

No. 01-3613.

653 F.3d 426 (2011)

John David STUMPF, Petitioner-Appellant, v. Marc C. HOUK, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 11, 2011.


Attorney(s) appearing for the Case

ARGUED: Alan M. Freedman , Midwest Center for Justice, Ltd., Evanston, Illinois, for Appellant. Stephen E. Maher , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: Alan M. Freedman , Carol R. Heise , Midwest Center for Justice, Ltd., Evanston, Illinois, for Appellant. Stephen E. Maher , Charles L. Wille , Carol Ann Ellensohn , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.

DAUGHTREY, J., delivered the opinion of the court, in which MOORE, J., joined. BOGGS, J. (pp. 440-44), delivered a separate dissenting opinion.


OPINION

MARTHA CRAIG DAUGHTREY, Circuit Judge.

Recent polling results and statistical compilations support many of the economic and penological arguments that have long been raised in opposition to the imposition of the death penalty in the United States.1 Other statistics bolster objections to a form of punishment that, possibly because of its finality, has been shown to have...

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