United States Sixth Circuit

Denial of a motion brought pursuant to Rule 60(b)(6) of the Federal Rules of Civil Procedure, seeking to overturn the earlier dismissal of petitioner's habeas corpus petition from a rape conviction, is denied where, for purposes of applying certain relevant case law decided after the habeas decision, the district court did not abuse its discretion in denying the motion as the original decision in the habeas matter had become final by the time his motion was filed.

Appellate Information

• Decided 01/19/2007
• Published 01/19/2007

Judges

• Before KENNEDY and DAUGHTREY, Circuit Judges;  ADAMS, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Kenneth R. Spiert, Public Defender's Office, Ohio Public Defender Commission, Columbus, Ohio, for Appellant.  M. Scott Criss, Office of the Attorney General, Columbus, Ohio, for Appellee.   ON BRIEF:  Jill E. Stone, Public Defender's Office, Ohio Public Defender Commission, Columbus, Ohio, for Appellant.  M. Scott Criss, Office Of The Attorney General, Columbus, Ohio, for Appellee.