Daily Case Update Archive

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January 29th, 2007

Ohio Supreme Court | Ohio First District | U.S. 6th Circuit - Ohio | U.S. 6th Circuit - Other States
 

TOPICS:
- Disability claim
- Writ of habeas corpus
 

Ohio Supreme Court

 

No Opinions.
 

First District Court of Appeals

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No Opinions.
 

U.S. Sixth Circuit Court of Appeals:  Ohio Cases

 

Davis v. Coyle (Jan. 29, 2007) (Appeal from the S.D. Ohio)
- http://www.ca6.uscourts.gov/opinions.pdf/07a0043p-06.pdf
- The petitioner, Von Clark Davis, was convicted of aggravated murder
and sentenced to death by a three-judge panel in Ohio state court. The
Ohio Court of Appeals affirmed his conviction and sentence, but the
state supreme court vacated the sentence and remanded the case to the
trial court for resentencing. After refusing to permit Davis to
introduce new evidence at the rehearing, the same three-judge panel
again imposed the death penalty, finding that because of his criminal
history and "explosive personality disorder," Davis would not be
deterred from future criminal conduct by a life sentence. Following his
unsuccessful appeal of the second sentencing order, Davis filed a
petition for a writ of habeas corpus in federal court, contending, among
other things, that his rights under the Eighth and Fourteenth Amendments
to the United States Constitution had been violated when he was denied
the opportunity to present evidence of his good behavior in prison
during the five years he had spent on death row between the first and
second sentencing hearings. Because the decisions in the Ohio courts
rejecting this contention and upholding the sentencing order were both
contrary to and unreasonable applications of the rule announced by the
United States Supreme Court in Skipper v. South Carolina, 476 U.S. 1
(1986), we reverse the district court's denial of relief and grant the
petitioner a conditional writ of habeas corpus.
 

U.S. Sixth Circuit Court of Appeals: Other States Cases

 

McClanahan v. Comm Social Security (Jan. 29, 2007) (Appeal from the E.D. Tenn.)
- http://www.ca6.uscourts.gov/opinions.pdf/07a0044p-06.pdf
- Plaintiff-Appellant Tommy J. McClanahan appeals the district court's
denial of his motion for summary judgment and the grant of the
Defendant-Appellee Commissioner of Social Security's motion for summary
judgment affirming the Commissioner's decision and dismissing the case.
McClanahan claims that the district court erred when it upheld the
Commissioner's determination of the date of onset of his disability. For
the reasons that follow, the ruling of the district court is affirmed.
 

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