TRIMBLE v. BOBBY

Nos. 13-3381, 13-3455.

804 F.3d 767 (2015)

James TRIMBLE, Petitioner-Appellee/Cross-Appellant, v. David BOBBY, Warden, Respondent-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 22, 2015.


Attorney(s) appearing for the Case

ARGUED: Thomas E. Madden , Office of the Ohio Attorney General, Columbus, Ohio, for Appellant/Cross-Appellee. Joseph E. Wilhelm , Office of the Federal Public Defender, Cleveland, Ohio, for Appellee/Cross-Appellant. ON BRIEF: Thomas E. Madden , Stephen E. Maher , Office of the Ohio Attorney General, Columbus, Ohio, for Appellant/Cross-Appellee. Joseph E. Wilhelm , Alan C. Rossman , Office of the Federal Public Defender, Cleveland, Ohio, Kathryn L. Sandford , Office of the Ohio Public Defender, Columbus, Ohio, for Appellee/Cross-Appellant.

BATCHELDER, J., delivered the opinion of the court in which SILER, J., joined, and CLAY, J., joined in part. CLAY, J. (pp. 784-91), delivered a separate opinion concurring in part and dissenting in part.


OPINION

In 2005, James Earl Trimble shot and killed his then-girlfriend and her seven-year-old son with an assault rifle. Later that same night, he broke into the apartment of a female college student, held her hostage, and eventually killed her with a handgun. Overwhelming evidence established Trimble...

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