Margaret Bradshaw, Warden v. Kenneth T. Richey (546 U.S. 74)
U.S. Supreme Court · decided November 28, 2005 · Supreme Court Database (Spaeth)
- Citation
- 546 U.S. 74 · 126 S. Ct. 602
- Decided
- November 28, 2005
- Term
- October Term 2005
- Vote
- 9–0
- Issue area
- Criminal Procedure
- Disposition
- Vacated
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Per Curiam. In 1987, respondent Kenneth T. Richey was tried in Ohio for aggravated murder committed in the course of a felony. Evidence showed that respondent set fire to the apartment of his neighbor, Hope Collins, in an attempt to kill his ex-girlfriend and her new boyfriend, who were spending the night together in the apartment below. The intended victims escaped unharmed, but Hope Collins’ 2-year-old daughter Cynthia died in the fire. At trial, the State presented evidence of respondent’s intent to kill his ex-girlfriend and her boyfriend, but not of specific intent to kill Cynthia Collins. The State also offered expert forensic evidence to show that the fire had been started deliberately. Respondent did not contest this forensic evidence at trial because his retained arson expert had reported that the State’s evidence conclusively established arson. Respondent was convicted of aggravated felony murder on a theory of transferred intent and sentenced to death. His conviction and sentence were affirmed on direct appeal, where he was represented by new counsel. Respondent sought postconviction relief in state court. The state trial court denied his request for an evidentiary hearing and denied relief on all claims, and the state appellate court affirmed. Respondent then sought federal habeas relief. The District Court permitted discovery on certain issues, but ultimately…
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