In a dissenting opinion filed in the capital case of Moore v. Parker, Judge Boyce Martin of the U.S. Court of Appeals for the Sixth Circuit wrote that "the death penalty in this country is arbitrary, biased, and so fundamentally flawed at its very core that it is beyond repair." Among his many criticisms of the way capital punishment is applied in the U.S., Martin specifically noted his concerns about the issues of innocence, inadequate defense counsel, and the overall arbitrariness of the system. He wrote:
I have been a judge on this Court for more than twenty-five years. In that time I have seen many death penalty cases and I have applied the law as instructed by the Supreme Court and I will continue to do so for as long as I remain on this Court. This my oath requires. After all these years, however, only one conclusion is possible: the death penalty in this country is arbitrary, biased, and so fundamentally flawed at its very core that it is beyond repair.