In re Ohio Execution Protocol Litigation’s Empirical Analysis

Citation profile

2 federal appellate ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Defendants have failed to present this Court with any evidence that the non-core deviations were presented to Mohr. They have also failed to present this Court with any evidence that, recognizing the problem presented with failing to follow the chain of command and obtain permission for these non-core deviations, they have since corrected course in order to adhere to the core protocol component of asking first instead of seeking forgiveness later. If there were testimony in this record that all such deviations would be presented to Mohr for those inmates following Brooks such as Lorraine, today’s result would likely be different. This is what frustrates the Court. Do not lie to the Court, do not fail to do what you tell this Court you must do, and do not place the Court in the position of being required to change course in this litigation after every hearing. It should not be so hard for Ohio to follow procedures that the state itself created. Today’s adverse decision against Defendants is again a curiously if not inexplicably self-inflicted wound.”

   2 later decisions quote this exact passage · from the majority
   e.g. In re Ohio Execution Protocol Litigation · 906 F. Supp. 2d 759 - In re Ohio Execution Protocol Litigation

2. “This Court has no interest in micromanaging executions in Ohio. That is not a judge’s role and it is certainly not this Court’s inclination. By Ohio’s own design, the ODRC Director is the designated micro-manager of the state’s executions. Defendants failed in the Brooks execution to present Mohr with the information he needed to fulfill this role. Such conduct and Defendants’ refusal to admit and remedy the error punctures one of the core components of the protocol that safeguards the constitutionality of Ohio’s execution process.”

   2 later decisions quote this exact passage · from the majority
   e.g. In re Ohio Execution Protocol Litigation · 906 F. Supp. 2d 759 - In re Ohio Execution Protocol Litigation

3. ““The Equal Protection Clause of the Fourteenth Amendment commands that no state shall ‘deny to any person within its jurisdiction the equal protection of the laws.’ U.S. Const, amend. XIV, § 1. The Supreme Court has stated that this language ‘embodies the general rule that States must treat like cases alike but may treat unlike cases accordingly.’ ” Radvansky v. City of Olmsted Falls, 395 F.3d 291, 312 (6th Cir. 2005) (quoting Vacco [v. Quill], 521 U.S. [793] at 799, 117 S.Ct. 2293 [ 138 L.Ed.2d 834 (1997) ]). To establish a claim for relief under the Equal Protection Clause, a plaintiff must demonstrate that’the government treated the plaintiff disparately as compared to similarly situated persons and that such disparate treatment either burdens a fundamental right, targets a suspect class, or has no rational basis. Id.; see also TriHealth, Inc. [v. Board of Com’rs, Hamilton County, Ohio ], 430 F.3d [783] at 788 [ (6th Cir. 2005) ].”

   1 later decision quote this exact passage · from the majority
   e.g. In re Ohio Execution Protocol Litigation