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Home Kenny Richey Ohio state appeal filed Ohio state appeal filed
Tuesday, 22 February 2005
As expected Ohio State filed their appeal today 20050222.
Also as expected it mainly leans on questioning whether the federal court followed the statutes of the AEDPA.
As expected they demand a hearing "en banc", that is, by the whole of the circuit.
Read the richey 6th circuit en banc .pdf
A short reflection
This petition states that the 6th circuit failed to defer to the state courts.
That it failed to analyze the state's reasons for turning down Kenny's appeals in both the matter of transferred intent and the defense attorney's incompetence.
It actually claims that the 6th circuit usurped the right to interpret Ohio State
Law.
They are of course wrong.
But from a black humorous outlook you could well interpret their statement to mean that: "The 6th Circuit shouldn't second-guess the state courts, whether or not we were right or wrong?"
My personal question is: Why then bother having an appeal at all? Why not just transport the convict from the trial to the execution directly, and be done with it?
The appeal, Ohio Attorney General Style, should apparently just be red tape ? not a venue for justice. It remains to be seen whether the 6th Circuit really agrees they should be that inconsequential?