Last week, in United States v. Oaks, a divided panel of the U.S. Court of Appeals for the Sixth Circuit held that escaping from a courtroom while in police custody is not a “violent felony” for sentencing purposes under the Armed Career Criminal Act if the courtroom was not a secure facility.” Judge Martin wrote […]
Archive | Sixth Circuit
The Dog-Gonest Case Ever
This morning the U.S. Court of Appeals for the Sixth Circuit decided what could be the “dog-gonest case ever” to reach a federal appellate court, O’Neill v. Louisville/Jefferson County Metro Government. Judge Gilman’s opinion for the court begins: This is perhaps the dog-gonest case ever to reach a federal appellate court. In October 2008, several […]
The Fourth Time Is Not the Charm for Van Hook
This morning a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued an opinion in Van Hook v. Bobby for the fourth time. On three previous occasions the panel had granted habeas relief to death row inmate Robert Van Hook , and all three times the panel was overturned — twice […]
Sixth Circuit Splits on Juror’s Ex Parte Communication
Today, a divided panel of the U.S. Court of Appeals for the Sixth Circuit rejected death row inmate Bobby Shepherd’s appeal of the district court’s denial of his petition for a writ of habeas corpus in Shepherd v. Bagley. Among Shepherd’s claims was that his trial was constitutionally defective because one of the jurors had […]
Decision Invalidating Michigan Civil Rights Initiative Goes En Banc
Via Ed Whelan comes news that the U.S. Court of Appeals for the Sixth Circuit has voted to rehear Coalition to Defend Affirmative Action v. Regents of the University of Michigan en banc — something I suggested would happen. In this case, a divided panel held that Michigan’s Proposal 2, aka the “Michigan Civil Rights […]
The Stumpf Sequel
Today the U.S. Court of Appeals for the Sixth Circuit granted death row inmate John David Stumpf’s petition for a writ of habeas corpus for a second time – seven years after its first habeas grant, six years after the Supreme Court’s reversal of that decision, and four years after the subsequent oral argument. As […]
How Long a Nap Is Ineffective Assistance of Counsel?
If your defense attorney falls asleep during your trial, and you are convicted, do you have an ineffective assistance of counsel claim? That may depend on how long your attorney was asleep, and whether you can demonstrate prejudice. Yesterday, in Muniz v. Smith, the U.S. Court of Appeals for the Sixth Circuit denied a habeas […]
Sixth Circuit Strikes Down Michigan Civil Rights Initiative
By Jonathan H. Adler on July 1, 2011 11:07 am in Affirmative Action, Racial Discrimination, Sixth Circuit
In a divided opinion, the U.S. Court of Appeals for the Sixth Circuit struck down Michigan’s Proposal 2, aka the “Michigan Civil Rights Initiative.” Proposal 2 was a successful ballot initiative that provides that the state, including state educational institutions, may not “discriminate against, or grant preferential treatment to, any individual or group on the […]
Should Habeas Proceedings Be Stayed If the Petitioner Is Incompetent?
Last week, in Carter v. Bradshaw, the U.S. Court of Appeals for the Sixth Circuit held that habeas proceedings challenging a capital sentence should be stayed until the petitioner is competent to proceed. The opinion by Judge Martin, joined by Judge Cole, acknowledged that “federal habeas petitioners facing the death penalty for state criminal convictions […]
When Judges Decide Against Type
The U.S. Court of Appeals for the Sixth Circuit has been one of the more divided appellate courts, particularly when it comes to habeas cases. Ideological splits on the court are common in such cases, especially so in capital cases or when claims of ineffective assistance of counsel are raised. Some judges on the Sixth […]
Sixth Circuit Panel for Health Care Litigation
By Jonathan H. Adler on May 11, 2011 10:33 am in Federalism, Health Care, Individual Mandate, Sixth Circuit
A notice on the website for the U.S. Court of Appeals for the Sixth Circuit announces that the three-judge panel to hear the appeal in Thomas More Law Center v. Obama, another challenge to the constitutionality of the individual mandate, will consist of Circuit Judges Boyce F. Martin, Jr. and Jeffrey S. Sutton, and District Court […]
Is the Sixth the New Ninth?
The Cincinnati Enquirer reports on the string of cases in which the Supreme Court has reversed the U.S. Court of Appeals for the Sixth Circuit. As the Enquirer story notes, the Sixth Circuit has batted 0-15 over the past three Supreme Court terms. This is quite remarkable. No other Circuit has been reversed so consistently […]
Wrong But Not En Banc Worthy
Last week, the U.S. Court of Appeals for the Sixth Circuit denied a petition for rehearing en banc in Mitts v. Bagley, a habeas case in which a divided panel granted a writ of habeas corpus on the grounds that the jury instructions were unconstitutional under the standard set forth in Justice Stevens sole concurring […]
Buying Your Vote Back
In many states, convicted felons lose the right to vote, at least temporarily. In Tennessee, restoration of a felon’s voting rights is conditioned upon payment of court-ordered victim restitution and child support obligations. Is this unconstitutional? A divided panel of the U.S. Court of Appeals for the Sixth Circuit thinks not. In Johnson v. Bredesen, […]
Is the Sixth Now the “Most Reversed” Circuit?
The Daily Journal reports that the U.S. Court of Appeals for the Sixth Circuit has gone 0-5 before the Supreme Court this term. As I noted here, all five cases were pro-prisoner habeas cases. The article discusses the role of the Michigan AG’s office in encouraging the Supreme Court to review the Sixth Circuit’s habeas […]