Sixth Circuit -- Bobby Sheppard v. Margaret Bagley

Ohio Supreme Court did not incorrectly apply clearly established law in denying Habeus on grounds that a juror consulted outside expert on paranoid schizophrenia during penalty phase.

Summary rejection of state habeus claim  means reasonable basis for denial of claim is the federal standard.

Family history cumulative & irrelevant.


No error in state not considering age (18) at time of offense when re-weighing aggravating factors with mitigating factors after determination of minimal prosecutorial misconduct.

No error in exclusion of juror who would not vote for death if deft was repentant.

Concurrence: Clarification on juror ex parte; evidence should be limited to that obtained for state habeus.

Dissent - Counsel was barred from fully litigating ex parte claim by state procedural rule barring collateral attacks on issues already raised in a motion for new trial.


Bobby Sheppard v. Margaret Bagley


[Thou shalt not kill.  -TMB]