Case law

In Re: Ohio Execution Protocol Litigation

District Court, S.D. Ohio · Nov 21, 2020

Bucklew tells us that earlier modes of execution offer “instructive” examples, both of what qualifies as too severe (“[b]reaking on the wheel, flaying alive, rending asunder with horses”) and what … Thus, it would be legally impossible for anyone alleging only sensations of drowning or suffocating to establish an Eighth Amendment violation in connection with a method of execution.”

In Re: Ohio Execution Protocol Litigation

District Court, S.D. Ohio · Nov 21, 2020

Bucklew tells us that earlier modes of execution offer “instructive” examples, both of what qualifies as too severe (“[b]reaking on the wheel, flaying alive, rending asunder with horses”) and what … Thus, it would be legally impossible for anyone alleging only sensations of drowning or suffocating to establish an Eighth Amendment violation in connection with a method of execution.”

In Re: Ohio Execution Protocol Litigation

District Court, S.D. Ohio · Nov 21, 2020

Bucklew tells us that earlier modes of execution offer “instructive” examples, both of what qualifies as too severe (“[b]reaking on the wheel, flaying alive, rending asunder with horses”) and what … Thus, it would be legally impossible for anyone alleging only sensations of drowning or suffocating to establish an Eighth Amendment violation in connection with a method of execution.”

In Re: Ohio Execution Protocol Litigation

District Court, S.D. Ohio · Nov 21, 2020

Bucklew tells us that earlier modes of execution offer “instructive” examples, both of what qualifies as too severe (“[b]reaking on the wheel, flaying alive, rending asunder with horses”) and what … Thus, it would be legally impossible for anyone alleging only sensations of drowning or suffocating to establish an Eighth Amendment violation in connection with a method of execution.”

In Re: Ohio Execution Protocol Litigation

District Court, S.D. Ohio · Nov 21, 2020

Bucklew tells us that earlier modes of execution offer “instructive” examples, both of what qualifies as too severe (“[b]reaking on the wheel, flaying alive, rending asunder with horses”) and what … Thus, it would be legally impossible for anyone alleging only sensations of drowning or suffocating to establish an Eighth Amendment violation in connection with a method of execution.”

In Re: Ohio Execution Protocol Litigation

District Court, S.D. Ohio · Nov 21, 2020

Bucklew tells us that earlier modes of execution offer “instructive” examples, both of what qualifies as too severe (“[b]reaking on the wheel, flaying alive, rending asunder with horses”) and what … Thus, it would be legally impossible for anyone alleging only sensations of drowning or suffocating to establish an Eighth Amendment violation in connection with a method of execution.”

In Re: Ohio Execution Protocol Litigation

District Court, S.D. Ohio · Nov 21, 2020

Bucklew tells us that earlier modes of execution offer “instructive” examples, both of what qualifies as too severe (“[b]reaking on the wheel, flaying alive, rending asunder with horses”) and what … Thus, it would be legally impossible for anyone alleging only sensations of drowning or suffocating to establish an Eighth Amendment violation in connection with a method of execution.”

In Re: Ohio Execution Protocol Litigation

District Court, S.D. Ohio · Nov 21, 2020

Bucklew tells us that earlier modes of execution offer “instructive” examples, both of what qualifies as too severe (“[b]reaking on the wheel, flaying alive, rending asunder with horses”) and what … Thus, it would be legally impossible for anyone alleging only sensations of drowning or suffocating to establish an Eighth Amendment violation in connection with a method of execution.”

In Re: Ohio Execution Protocol Litigation

District Court, S.D. Ohio · Nov 21, 2020

Bucklew tells us that earlier modes of execution offer “instructive” examples, both of what qualifies as too severe (“[b]reaking on the wheel, flaying alive, rending asunder with horses”) and what … Thus, it would be legally impossible for anyone alleging only sensations of drowning or suffocating to establish an Eighth Amendment violation in connection with a method of execution.”

In Re: Ohio Execution Protocol Litigation

District Court, S.D. Ohio · Nov 21, 2020

Bucklew tells us that earlier modes of execution offer “instructive” examples, both of what qualifies as too severe (“[b]reaking on the wheel, flaying alive, rending asunder with horses”) and what … Thus, it would be legally impossible for anyone alleging only sensations of drowning or suffocating to establish an Eighth Amendment violation in connection with a method of execution.”

In Re: Ohio Execution Protocol Litigation

District Court, S.D. Ohio · Nov 21, 2020

Bucklew tells us that earlier modes of execution offer “instructive” examples, both of what qualifies as too severe (“[b]reaking on the wheel, flaying alive, rending asunder with horses”) and what … Thus, it would be legally impossible for anyone alleging only sensations of drowning or suffocating to establish an Eighth Amendment violation in connection with a method of execution.”

In Re: Ohio Execution Protocol Litigation

District Court, S.D. Ohio · Nov 21, 2020

Bucklew tells us that earlier modes of execution offer “instructive” examples, both of what qualifies as too severe (“[b]reaking on the wheel, flaying alive, rending asunder with horses”) and what … Thus, it would be legally impossible for anyone alleging only sensations of drowning or suffocating to establish an Eighth Amendment violation in connection with a method of execution.”

In Re: Ohio Execution Protocol Litigation

District Court, S.D. Ohio · Nov 21, 2020

Bucklew tells us that earlier modes of execution offer “instructive” examples, both of what qualifies as too severe (“[b]reaking on the wheel, flaying alive, rending asunder with horses”) and what … Thus, it would be legally impossible for anyone alleging only sensations of drowning or suffocating to establish an Eighth Amendment violation in connection with a method of execution.”

Boles v. Warden, Chillicothe Correctional Institution

District Court, S.D. Ohio · Jan 15, 2021

The “clearly erroneous” standard applies to the magistrate judge's factual findings and the “contrary to law” standard applies to the legal conclusions. Sheppard v. … S.Ct. 2546, 115 L.Ed.2d 640 (1991), the Supreme Court explained that there is no constitutional right to counsel in state post- conviction proceedings, and therefore, ineffective assistance in those proceedings does not qualify

Smith v. Anderson

104 F. Supp. 2d 773 · District Court, S.D. Ohio · Feb 22, 2000

The transcript of the hearing during which Petitioner entered his second waiver of a jury clearly establishes the procedural adequacy of the trial court’s inquiry (Id.). … Accordingly, we find there was no clearly established precedent requiring Petitioner to raise ineffective assistance of trial counsel on direct appeal where the same two trial attorneys were also Petitioner’s appellate counsel

Hawley v. Dresser Industries, Inc.

737 F. Supp. 445 · District Court, S.D. Ohio · May 15, 1990

Therefore, the defendants breached no “written employment contract” which established the prima facie employment relationship. … The court in Oldfather noted that Ohio cases have involved bystanders to accidents, without qualifying this observation with a word like "usually.” Id. The court held that Oldfather was not such a case. Id.

Embs v. JORDAN OUTDOOR ENTERPRISES, LTD.

617 F. Supp. 2d 680 · District Court, S.D. Ohio · Jan 11, 2008

The court suggested this testimony can be helpful “to a court for a variety of purposes, such as to provide background on the technology at issue ... or to establish that a particular term in the patent or the prior art has … The claims clearly delimit that which must “appear substantially continuous.”

Lambert v. Commissioner of Social Security

886 F. Supp. 2d 671 · District Court, S.D. Ohio · Mar 21, 2012

Establishing the Existence of a Disability To qualify for disabled widow’s insurance benefits, a claimant must be unmarried; between the ages of fifty and sixty; be the spouse of a wage earner who dies fully insured; file … The Court’s March 6, 2006 Order clearly laid out the errors of the Commissioner’s initial determination, as well as the steps SSA needed to take to comply with its own regulations.

In Re: Ohio Execution Protocol Litigation

District Court, S.D. Ohio · Nov 23, 2020

Bucklew tells us that earlier modes of execution offer “instructive” examples, both of what qualifies as too severe (“[b]reaking on the wheel, flaying alive, rending asunder with horses”) and what … Thus, it would be legally impossible for anyone alleging only sensations of drowning or suffocating to establish an Eighth Amendment violation in connection with a method of execution.”

In Re: Ohio Execution Protocol Litigation

District Court, S.D. Ohio · Nov 23, 2020

Bucklew tells us that earlier modes of execution offer “instructive” examples, both of what qualifies as too severe (“[b]reaking on the wheel, flaying alive, rending asunder with horses”) and what … Thus, it would be legally impossible for anyone alleging only sensations of drowning or suffocating to establish an Eighth Amendment violation in connection with a method of execution.”