Over the last several months, we’ve covered a number of topics dealing with en banc practice in the Sixth Circuit, including Pierre Bergeron’s posts on the dwindling number of Sixth Circuit en banc cases (only two en banc decisions last year) and the lack of an en banc sitting this past June (a month when … Continue Reading
Below is the first in a new series of video blogs that we will be featuring on our appellate blog. The video blogs will give you an opportunity to meet the contributors behind the blog as they discuss topics of interest to you. We also plan to feature various guest interviews in the near future, … Continue Reading
As we previously reported, the Sixth Circuit did not have an en banc sitting in June of this year, which was somewhat unusual. Based on a recent article in the Michigan Bar Journal, however, this may be part of a trend. The recent article notes that the Sixth Circuit issued only two en banc decisions in … Continue Reading
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