Death and the Sixth Circuit

I am consistently impressed with the Sixth Circuit work on non-capital sentencing issues (some recent examples are here and here and here and here).  However, everyone else notices the deep and somewhat ugly divisions within the court on death penalty cases.  These divisions were revealed again through the circuit’s en banc 8-6 vote to uphold a death sentence in Getsy v. Mitchell, No. 03-3200 (6th Cir. July 25, 2007) (available here), a death sentence that the original panel had set aside as unconstitutionally disproportionate.

Lots of commentary can be found at ODPI and at DotD and at The Volokh Conspiracy and at Infinity Ranch.  Ahh, if only the circuit’s (more consequential) non-capital decisions would get so much thoughtful attention.

Related prior post:

• Examining votes of circuit judges in capital review