U.S. Supreme Court rules that Ohio death row inmate should not be transported for neurological testing

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The U.S. Supreme ruled Tuesday morning, 5-4, that an Ohio man on death row for killing another man in Jefferson County in the 1990s wasn’t required to be transported to Ohio State University’s hospital for neurological testing.

The U.S. Supreme Court is seen early Tuesday, May 3, 2022 in Washington. COLUMBUS, Ohio -- and Daniel Eikelberry lured Richard Franks to a remote location in Jefferson County near the West Virginia border on Sept. 23, 1992. They shot and killed him before mutilating his body and pushing it into a pond. A sheriff found Franks’ body two days later, and Twyford confessed, claiming Franks had raped his girlfriend’s daughter and he killed him out of revenge.

A federal judge agreed with Twyford, as did the Cincinnati-based U.S. Sixth Circuit Court of Appeals. The state appealed to the U.S. Supreme Court, which heard arguments on April 26., Chief Justice John Roberts sided with the state and ruled that the two lower federal courts should not have granted Twyford’s transportation request “when the prisoner has not shown that the desired evidence would be admissible in connection with a particular claim for relief,” Roberts wrote.

“In 2003, Twyford filed a petition in federal court for habeas relief, from which this case stems,” wrote Roberts, referring to cases in which courts determine whether imprisonment is lawful. “Despite the passing of two decades, relatively little has happened. The State moved in 2008 to dismiss many of Twyford’s claims on the ground that he failed to raise them in state court. The District Court did not rule on that motion for nine years.

 

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