During the twelve-month period ending September 30, 2013, litigants commenced 5,137 cases in the Sixth Circuit. Of these, 2,671 were pro se. However, a search of Sixth Circuit appellate decisions involving pro se appeals reveals just a fraction of these cases result in an opinion from the Court (as opposed to a summary order or … Continue Reading
The Supreme Court has reversed another habeas case from the Sixth Circuit, holding that mentally ill prisoners do not have a statutory right to stay their habeas petitions while incompetent. See Tibbals v. Carter (No. 11-218). Justice Thomas’ opinion, however, still allows district court to issue discretionary stays while a prisoner regains competence. Though it … Continue Reading
In Parker v. Matthews (No. 11-845), the Supreme Court reversed the Sixth Circuit’s grant of a habeas petition overturning two murder convictions in a death penalty case (recall that the Sixth Circuit just heard two death penalty cases en banc last week). The per curium opinion rejected the Sixth Circuit’s reliance on Kentucky’s use of … Continue Reading
SCOTUSblog’s “Petition of the Day” for February 14 is Stoval v. Miller, No. 10-851, which seeks review of the Sixth Circuit’s decision in Miller v. Stovall, 608 F.3d 913 (6th Cir. 2010). The questions presented are: (1) whether the Sixth Circuit erred in concluding that “established law” for purposes of the Antiterrorism and Effective Death … Continue Reading