Another Ohio Death Sentence Divides Sixth Circuit

Tuesday, August 8th by Robert Loblaw

Slagle v. Bagley, 04-3490 (6th Cir., Aug. 8, 2006)

In yet another divided habeas opinion, the Sixth Circuit denies relief to Ohio death row inmate Billy Slagle. Although Slagle raised several claims, the panel disagrees about only one: whether the prosecutor’s improper remarks denied Slagle a fair trial. All three judges agree that the prosecutor made several improper remarks throughout the trial, but the majority concludes that this misconduct was “minimally prejudicial” to Slagle. Judge Moore’s dissent highlights fifteen comments, explains why they improperly colored the trial, and expresses bewilderment and dismay that the majority does not share her view.

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