United States Sixth Circuit

District court's order denying death-row inmate's claim for relief under Federal Rule of Civil Procedure 60(b)(6) is affirmed as a movant that seeks relief under Rule 60(b) must show extraordinary circumstances justifying the reopening of a final judgment and, in this case, the motion fails because the defendant cannot prove by clear and convincing evidence that the warden committed fraud on the court.

Appellate Information

• Decided 10/30/2009
• Published 10/30/2009

Judges

• Before:  BOGGS, SUHRHEINRICH, and ROGERS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Joseph E. Wilhelm, Federal Public Defender's Office, Cleveland, Ohio, for Appellant.  Thomas E. Madden, Office Of The Ohio Attorney General, Columbus, Ohio, for Appellee.   ON BRIEF:  Joseph E. Wilhelm, Federal Public Defender's Office, Cleveland, Ohio, Linda E. Prucha, Ohio Public Defender's Office, Columbus, Ohio, for Appellant.  Thomas E. Madden, Office Of The Ohio Attorney General, Columbus, Ohio, for Appellee.