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GETSY v. MITCHELL

No. 03-3200.

456 F.3d 575 (2006)

Jason GETSY, Petitioner-Appellant, v. Betty MITCHELL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 2, 2006.

Attorney(s) appearing for the Case

ARGUED: Michael J. Benza, Cleveland, Ohio, for Appellant. Daniel R. Ranke, Office of the Attorney General, Capital Crimes Section, Cleveland, Ohio, for Appellee. ON BRIEF: Michael J. Benza, Cleveland, Ohio, David C. Stebbins, Columbus, Ohio, for Appellant. Daniel R. Ranke, Office of the Attorney General, Capital Crimes Section, Cleveland, Ohio, for Appellee.

Before: MERRITT, MOORE, and GILMAN, Circuit Judges.

MERRITT, J., delivered the opinion of the court, in which MOORE, J., joined. GILMAN, J. (pp. 598-616), delivered a separate dissenting opinion.

OPINION

MERRITT, Circuit Judge.

We hold that the death sentence in this case violates the Eighth Amendment "arbitrariness" standard outlined in Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346 (1972), which prohibits...

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