In re: Campbell

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A jury convicted Campbell of four counts of aggravated murder, four counts of aggravated robbery, two counts of attempted kidnapping, and one count each of kidnapping, felonious assault, escape, and having a weapon under a disability. The court adopted the jury's recommendation and sentenced him to death. The Ohio Supreme Court affirmed Campbell’s convictions but remanded for resentencing due to a procedural error. On remand, the court resentenced Campbell to death. The Ohio Supreme Court affirmed. In 2005, Campbell filed a 28 U.S.C. 2254 petition, alleging 12 grounds for relief. The Sixth Circuit affirmed the dismissal of the petition. In 2015, Campbell filed a second section 2254 petition, challenging Ohio’s lethal injection protocol. The magistrate ordered and the district court affirmed its transfer to the Sixth Circuit for initial review as a “successive” habeas petition. The Sixth Circuit denied the motion. Under Supreme Court precedent, an Eighth Amendment habeas corpus challenge to the death penalty cannot succeed unless it can identify a constitutional means of execution. The court rejected arguments based on Ohio’s changed execution protocol and on Campbell’s physical and mental health. The court noted that Campbell’s alternative, 42 U.S.C. 1983, empowers a court to enjoin the"deprivation of any rights, privileges, or immunities secured by the Constitution." A hearing on Campbell’s section 1983 motion is scheduled. View "In re: Campbell" on Justia Law