Last Friday the U.S. Court of Appeals for the Sixth Circuit issued published opinions in three cases, each of which featured a dissent. All three were criminal cases, and two involved habeas petitions, a regular source of division on the Sixth Circuit.

In Ross v. Petro, a divided panel reversed the district court's grant a habeas petition to Denny Ross, who sought pretrial habeas relief from being reprosecuted for kidnapping, rape, and murder of a young woman. In an opinion by Judge McKeague, joined by Judge Rogers, the Court held Ross failed to establish that retrial would constitute double jeopardy. Judge Guy dissented.

In Fautenberry v. Mitchell, a divided panel rejected a death row inmate's appeal of a district court's denial of his habeas petition. Judge Batchelder wrote the majority opinion. joined by Judge Gilman, finding all eight of John Fautenberry's arguments unavailaing. Judge Moore dissented, arguing Fautenberry received ineffective assistance of counsel during the penalty phase of his trial.

Finally, in United States v. Madden, a divided panel rejected two criminal defendants' challenges to their sentences. Judge Gilman wrote the majority, joined by Judge Siler. Judge Moore dissented in part, on the grounds that the sentence one defendant received was unreasonable.