1. Home
  2. Browse Decisions
  3. F.3d
  4. 547 F.3d
  5. 547 F.3d 297 (2008)
 

DAVIE v. MITCHELL

No. 03-4293.

547 F.3d 297 (2008)

Roderick DAVIE, Petitioner-Appellant, v. Betty MITCHELL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 12, 2008.

Attorney(s) appearing for the Case

ARGUED: David C. Stebbins, Federal Public Defender's Office, Columbus, Ohio, Kathleen A. McGarry, McGarry Law Office, Glorieta, New Mexico, for Appellant. Stephen E. Maher, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: David C. Stebbins, Federal Public Defender's Office, Columbus, Ohio, Kathleen A. McGarry, McGarry Law Office, Glorieta, New Mexico, for Appellant. Stephen E. Maher, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.

ROGERS, J., delivered the judgment of the court and an opinion. COLE, J. (pp. 318-24), delivered a separate concurring opinion. MERRITT, J. (pp. 324-35), delivered a separate dissenting opinion.

OPINION

ROGERS, Circuit Judge.

The Ohio courts have upheld the sentence of defendant Roderick Davie to death for the brutal and gruesome murder of two victims. He was also convicted on an attempt to kill a third. On a subsequent petition for a federal writ of habeas corpus, the district court below rejected contentions that defendant's Miranda rights had been violated, that his penalty-phase jury instructions had been constitutionally deficient, and...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases