The Sixth Circuit posted its oral argument docket for the weeks beginning September 30 and October 7, which is of interest to me because I have a criminal case on for argument the second week on October 9, United States v. Jafari Moore, which is an appeal from a trial verdict in which the defendant was not permitted to have the jury instructed on or consider his justification defense (Brief for Appellant Jafari T Moore Nos 12-6437-38 and Reply Brief for Jafari T Moore Cases Nos 12-6437-6438).
A review of the docket for these two weeks shows that 190 cases will be taken under submission; most will be argued but more than a few will be submitted on the briefs. These 190 cases include only 11 criminal cases where there was a trial.
In further evidence of the death of the federal civil trial, there are only two (2) civil appeals where there was a jury trial. One is Kay v. United Omaha Life Insurance, No 12-2092, where the plaintiff obtained a jury verdict that requires payment of benefits under a life insurance policy, and the other is Mengelkamp v. Lake Metropolitan Housing Authority, No. 12-4468, where the plaintiff prevailed at trial on her claim that she had been retaliated against for reporting gender discrimination in the workplace.
The Court will also set en banc the afternoon of October 9 for arguments in the case United States v. Blewett, which regards whether the Fair Sentencing Act of 2010 should be applied retroactively to ameliorate the unjust and racially discriminatory crack cocaine sentencing law.
