Last July, Judge Boyce Martin announced his retirement from the U.S. Court of Appeals for the Sixth Circuit. Tonight, TPM reports that Martin made his decision “under a cloud of accusations that he had racked up nearly $140,000 in ‘questionable travel expenses.’” The details came out in a decision filed by five members of a federal panel […]
Archive | Sixth Circuit
Interesting Division in Sixth Circuit Qualified Immunity Case
On Wednesday, the U.S. Court of Appeals for the Sixth Circuit decided Kovacic v. Cuyahoga County Department of Children and Family Services. The panel consisted of Judges Boggs, Moore and Sutton. The panel split on the question of qualified immunity for social workers who removed children from their mother’s home. (You know where this is going, […]
Sixth Circuit Rejects Class Settlement in Pampers Case
Yesterday, a divided panel of the U.S. Court of Appeals for the Sixth Circuit threw out a proposed settlement in a class-action suit against Proctor & Gamble. Judge Kethledge wrote the opinion for the court, joined by Judge Thapar (sitting by designation). Here is how he summarizes the opinion: Class-action settlements are different from other settlements. […]
Boyce Martin’s Final Death Penalty Opinion
Judge Boyce Martin of the U.S. Court of Appeals for the Sixth Circuit is retiring. Martin, a former chief judge, has long been the Circuit’s liberal lion. He was a central player in some of the Circuit’s internecine squabbles and, over time, became a forceful critic of capital punishment. Today in Nichols v. Heidle, a […]
Is Murder in a State Without the Death Penalty a Mitigating Factor in a Federal Death Penalty Case?
In 2002, Marvin Gabrion was convicted of first-degree murder in federal court for the 1997 killing of Rachel Timmerman. Gabrion had allegedly raped Timmerman and she was scheduled to testify against him in state court days before she and her infant daughter disappeared. Timmerman was bound, gagged, and tossed into a lake where she drowned. […]
The Sixth Circuit Wins One
The U.S. Court of Appeals for the Sixth Circuit has had quite a losing streak in the Supreme Court. For the past few years, on over twenty straight cases, the Supreme court has reversed the Sixth Circuit decision in every case in which the Court accepted cert. The lion’s share of these cases concerned grants […]
Sixth Circuit Reversed in Another Habeas Case
The U.S. Court of Appeals for the Sixth Circuit has been on quite a losing streak in the High Court, particularly when it comes to habeas cases. This morning, the Sixth Circuit was reversed again by a unanimous court in Metrish v. Lancaster, vindicating Judge Batchelder who had dissented from the original panel opinion. As has […]
Must the Fair Sentencing Act Be Applied Retroactively?
Today a divided panel of the U.S. Court of Appeals for the Sixth Circuit, in United States v. Blewett, held that the Fair Sentencing Act’s modification of mandatory minimum sentences for crack cocaine must be applied retroactively. Judge Merritt, joined by Judge Martin, wrote for the panel. Judge Gilman dissented. Judge Merritt’s opinion for the […]
Must Public Schools Collect Dues for Public School Employee Unions?
Last week, the U.S. Court of Appeals for the Sixth Circuit decided an interesting case concerning the collection of union dues for public school employees in Michigan. In Bailey v. Callaghan, a divided panel upheld Michigan’s Public Act 53 which provides: ““A public school employer’s use of public school resources to assist a labor organization […]
Is the Sixth the New Ninth? – Revisited
The ABA Journal reports that in recent years the U.S. Court of Appeals for the Sixth Circuit has surpassed the Ninth Circuit as the most reversed circuit court. This isn’t news to regular VC readers, as we reported the Sixth Circuit’s 0-5 record in habeas cases in the 2009-10 term and noted the Cincinnati Enquirer‘s […]
Litigation Strategy and Coalition to Defend Affirmative Action v. Regents
I will bet anyone (in jurisdictions where it is legal) that the Supreme Court will reverse the Sixth Circuit in Coalition to Defend Affirmative Action v. Regents. Indeed, my main question is how badly the Coalition to Defend Affirmative Action loses. My guess is that they get maybe two votes on the Supreme Court. When Ted […]
En Banc Sixth Circuit Voids Michigan Civil Rights Initiative
By an 8-7 vote, the U.S. Court of Appeals for the Sixth Circuit has held that Michigan’s Proposal 2, aka the Michigan Civil Rights Initiative, is unconstituional. The Court split along predictable ideological lines, with Democratic nominees siding with the plaintiffs, and Republican nominees voting to uphold the initiative. Judge Cole delivered the opinion for […]
Sixth Circuit Smackdown Watch
Today the Supreme Court issued a unanimous per curiam opinion summarily reversing a divided panel of the U.S. Court of Appeals for the Sixth Circuit in Parker v. Matthews. The opinion begins: In this habeas case, the United States Court of Appeals for the Sixth Circuit set aside two 29-year-old murder convictions based on the […]
Sixth Circuit Splinters on Michigan Rape-Shield Statute
Yesterday, in Gagne v. Booker, the full U.S. Court of Appeals for the Sixth Circuit splintered along unusual lines over the application of Michigan’s rape-shield statute to exclude evidence relating to the complaining witness’ prior sexual conduct with the defendant. Lewis Rodney Gagne was accused of gang raping his ex-girlfriend and sought to introduce evidence […]
Unanimous En Banc on Sixth Circuit
The U.S. Court of Appeals for the Sixth Circuit has a reputation for being one of the most divided and contentious courts in the nation. Many of the courts divided opinions have been chronicled on this blog. But it’s important not to overstate the degree of division on the court. Last week, for instance, the […]