Legal Opinion
Lee Moore v. Betty Mitchell
Court of Appeals for the Sixth Circuit
Decided February 15, 2017No. 15-3374PublishedCited by 12 opinions
1Opinion of the CourtBatchelder, J., joined by Gibbons, J.,
MERRITT, J. (pp. 778-79), delivered a separate dissenting opinion.
OPINION
ALICE M. BATCHELDER, Circuit Judge.
Lee Moore, convicted of kidnapping, robbing, and murdering Melvin Olinger, appeals the district court judgment that denied his motion for relief from judgment filed pursuant to Federal Rule of Civil Procedure 60(b). He argues that the Supreme Court’s decision in Trevino v. Thaler, — U.S. -, 133 S.Ct. 1911, 185 L.Ed.2d 1044 (2013), and new evidence amount to extraordinary circumstances that justify relief under Rule 60(b)(6). But Trevino does not apply here. Trevino expanded the…
2Cases cited11 opinions
- Cullen v. PinholsterSupreme Court of the United States · 2011
- Martinez v. RyanSupreme Court of the United States · 2012
- Gonzalez v. CrosbySupreme Court of the United States · 2005
- Trevino v. ThalerSupreme Court of the United States · 2013
- United States v. James F. MooredCourt of Appeals for the Sixth Circuit · 1994
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- In re WogenstahlCourt of Appeals for the Sixth Circuit · 2018
- Joe Clark Mitchell v. Kevin GenoveseCourt of Appeals for the Sixth Circuit · 2020
- In re James HannaCourt of Appeals for the Sixth Circuit · 2021
- United States v. MichiganCourt of Appeals for the Sixth Circuit · 2025
- Mark Laster v. City of KalamazooCourt of Appeals for the Sixth Circuit · 2017
7 more not listed; retrieve them via the Exa API.