Getsy Rehearing:

In August, in Getsy v. Mitchell, a divided panel of the U.S. Court of Appeals for the Sixth Circuit held that inconsistent jury verdicts for different defendants accused of the same crime were unconstitutionally arbitrary. I discussed the case here, and agreed with Orin's assessment that the case was a likely candidate for en banc review. It seems a majority of judges on the Sixth Circuit agree, as yesterday the court granted a petition for en banc review, vacating the initial panel decision. The order granting the petition was reported at Crime and Consequences and the Ohio Death Penalty Information blog. Thanks to a reader for the heads up.