United States Sixth Circuit

Denial of defendant's motions for equitable relief, following his conviction of murdering his wife and sentence to death, is affirmed in part and dismissed in part where: 1) district court's denial of defendant's Rule 60(b) motion is affirmed as defendant has not come forward with clear and convincing evidence that the prosecution presented intentionally false material to the the district court; and 2) defendant's second Rule 60(b) is dismissed as he failed to first obtain leave from the court to file a successive application.

Appellate Information

• Argued 11/19/2009
• Decided 05/17/2010
• Published 05/17/2010

Judges

• Before BOGGS, NORRIS, and CLAY, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Paul R. Bottei, Federal Public Defender's Office, Nashville, Tennessee, for Appellant. Jennifer Lynn Smith, Office Of The Tennessee Attorney General, Nashville, Tennessee, for Appellee. ON BRIEF:Paul R. Bottei, Christopher M. Minton, Federal Public Defender's Office, Nashville, Tennessee, for Appellant. Alice B. Lustre, Michael E. Moore, Office of the Tennessee Attorney General, Nashville, Tennessee, for Appellee.