Tag Archives: habeas

Finding Ohio Withheld “Small Mountain of Exculpatory Evidence,” Sixth Circuit Affirms Habeas Grants In 1992 Boy’s Murder

The Sixth Circuit affirmed conditional grants of habeas in the Ohio cases of Gumm v. Mitchell and Bies v. Sheldon yesterday, finding in both cases that the government withheld exculpatory evidence from the defendants in violation of Brady v. Maryland.  Gumm and Bies were convicted of the 1992 murder of ten-year old Aaron Raines of Cincinnati, … Continue Reading

Another Habeas Reversal For The Sixth Circuit

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

An Incorrect, Adverse Legal Ruling is Not a Basis for an Independent Action for Relief From Judgment Under Rule 60(d)(1)

In Mitchell v. Rees (Mitchell IV), No. 09-5570 (6th Cir. June 30, 2011), a unanimous panel of the Sixth Circuit affirmed the trial court’s decision denying a habeas petitioner’s motion for relief from judgment.  Previously, in Mitchell v. Rees (Mitchell I), 114 F.3d 571 (6th Cir. 1997), the Sixth Circuit had disallowed evidence adduced from the … Continue Reading