HILL v. MITCHELL

Nos. 13-3412/3492.

842 F.3d 910 (2016)

Genesis HILL, Petitioner-Appellee/Cross-Appellant, v. Betty MITCHELL, Warden, Respondent-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 1, 2016.


Attorney(s) appearing for the Case

ARGUED: Jocelyn S. Kelly , Office of the Ohio Attorney General, Columbus, Ohio, for Appellant/Cross-Appellee. Justin C. Thompson , Office of the Federal Public Defender, Columbus, Ohio, for Appellee/Cross-Appellant. ON BRIEF: Jocelyn S. Kelly , David M. Henry , Office of the Ohio Attorney General, Columbus, Ohio, for Appellant/Cross-Appellee. Justin C. Thompson , Office of the Federal Public Defender, Columbus, Ohio, Lawrence Bradfield Hughes , Porter Wright Morris & Arthur LLP, Columbus, Ohio, for Appellee/Cross-Appellant. John A. Freedman , Arnold & Porter LLP, Washington, D.C., for Amicus Curiae.

McKEAGUE, J., delivered the lead opinion in which BATCHELDER, J., joined in all but § III.D. BATCHELDER, J. (pp. 48-50), delivered a separate concurring opinion. COLE, C.J. (pp. 51-62), delivered a separate dissenting opinion.


OPINION

An Ohio jury convicted Genesis Hill of kidnapping and murdering his infant daughter and sentenced him to death. The district court held that the prosecution violated the rule of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), by suppressing favorable...

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