Tag Archives: Standard of Review

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

How Important Are Standards of Review?

Appellate lawyers think about arguments in terms of the applicable standard of review, as that is the lens the court will use to evaluate an appeal.  There are four main standards of review: Under “de novo” review, an appellate court decides an appeal without any deference to the lower court’s decision. Review for “clear error” … Continue Reading

Split Decision on Terms of Dow Corning “Breast Implant” Bankruptcy Settlement

On December 17, 2010, in In re Settlement Facility Dow Corning Trust (6th Cir., Case Nos. 09-1827/1830, Dec. 17, 2010) (PDF), a Sixth Circuit panel split over divergent arguments on two provisions present in a bankruptcy reorganization plan involving Dow Corning: 1) whether “tissue expanders” should be considered “breast implants” within the meaning of the … Continue Reading