RICHEY v. MITCHELL

No. 01-3477.

395 F.3d 660 (2005)

Kenneth T. RICHEY, Petitioner-Appellant, v. Betty MITCHELL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 25, 2005.


Attorney(s) appearing for the Case

ARGUED: Paul E. Nemser, Goodwin Procter LLP, Boston, Massachusetts, for Appellant. Michael L. Collyer, Office of the Attorney General of Ohio, Cleveland, Ohio, for Appellee. ON BRIEF: Paul E. Nemser, Kenneth J. Parsigian, Goodwin Procter LLP, Boston, Massachusetts, for Appellant. Michael L. Collyer, Office of the Attorney General of Ohio, Cleveland, Ohio, for Appellee.

Thomas F. Bush, Jr., Paul B. Ockene, Adam Goodman, Yasmin Waljee (admitted in England only), Lovells, Chicago, IL, for Amicus Curiae Law Society of England and Wales, Human Rights Committee of the Bar of England and Wales and the Parliamentary Supporters of Kenneth T. Richey.

John J.P. Howley, Kaye Scholer LLP, New York, New York, for Amicus Curiae Government of the United Kingdom of Great Britain and Northern Ireland.

Before: SILER, DAUGHTREY, and COLE, Circuit Judges.


COLE, J., delivered the opinion of the court, in which DAUGHTREY, J., joined. SILER, J., (pp. 688-92), delivered a separate dissenting opinion.

OPINION

COLE, Circuit Judge.

Kenneth T. Richey was arrested, convicted, and sentenced to be executed for intentionally starting an apartment fire that killed two-year-old Cynthia Collins. He continues to maintain his innocence. Following a series of unsuccessful...

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