Posted by Jonathan Adler: *Getsy* Rehearing: http://volokh.com/archives/archive_2006_11_19-2006_11_25.shtml#1164310585
In August, in [1]Getsy v. Mitchell, a divided panel of the U.S. Court of Appeals for the Sixth Circuit held that inconsistent jury verdicts for different defendants accused of the same crime were unconstitutionally arbitrary. I discussed the case [2]here, and agreed with [3]Orin's assessment that the case was a likely candidate for en banc review. It seems a majority of judges on the Sixth Circuit agree, as yesterday the court granted a petition for en banc review, vacating the initial panel decision. The order granting the petition was reported at [4]Crime and Consequences and the [5]Ohio Death Penalty Information blog. Thanks to a reader for the heads up. References 1. http://www.ca6.uscourts.gov/opinions.pdf/06a0273p-06.pdf 2. http://volokh.com/archives/archive_2006_08_06-2006_08_12.shtml#1154962230 3. http://www.orinkerr.com/2006/08/06/getsy-v-mitchell/ 4. http://www.crimeandconsequences.com/2006/11/getsy_rehearing.html 5. http://ohiodeathpenaltyinfo.typepad.com/ohio_death_penalty_inform/2006/11/us_6th_circuit__1.html _______________________________________________ Volokh mailing list [email protected] http://lists.powerblogs.com/cgi-bin/mailman/listinfo/volokh
