Tag Archives: rehearing

Statistics update – time to decision, reversal rates, and en banc petitions

It’s time for another update on the Sixth Circuit statistics people ask about all the time.  The most important is how long a Sixth Circuit appeal will take.  Other than questions about the political leanings of individual judges, this is the most-asked question from clients.  The latest numbers from the Judiciary show the median time … Continue Reading

Judge Sutton Explains Why En Banc Review Is So Rare

Judge Sutton voted to deny a petition for rehearing en banc in Mitts v Bagley (pdf) even though he disagreed with the panel’s decision that a jury instruction was unconstitutional.  His concurrence, which was joined by Judge Kethledge, states both his disagreement on the merits and his reasons why the case should not be reheard … Continue Reading
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