Narrative Opinion Summary
A majority of active judges of the Sixth Circuit Court of Appeals voted to rehear the case of Ralph Moore, Jr. v. City of Harriman et al. en banc, which effectively vacates the previous opinion and judgment of the court. The mandate has been stayed, and the case has been restored to the docket for a pending appeal. Ralph Moore, Jr. is the plaintiff-appellant, while the defendants-appellees include the City of Harriman, the Harriman Police Department, and several individuals associated with the police department. The appellant is required to submit a supplemental brief by October 10, 2000, and the appellees must file their supplemental brief by November 7, 2000. The court's clerk will schedule oral arguments as directed.
Legal Issues Addressed
En Banc Rehearing in Appellate Courtsubscribe to see similar legal issues
Application: The Sixth Circuit Court of Appeals has decided to rehear the case en banc, which means the case will be heard before all active judges rather than a panel of three judges, vacating the prior judgment.
Reasoning: A majority of active judges of the Sixth Circuit Court of Appeals voted to rehear the case of Ralph Moore, Jr. v. City of Harriman et al. en banc, which effectively vacates the previous opinion and judgment of the court.
Procedural Requirements for Supplemental Briefssubscribe to see similar legal issues
Application: Specific deadlines have been set for the submission of supplemental briefs by both parties, reflecting the procedural steps required as the case is prepared for en banc review.
Reasoning: The appellant is required to submit a supplemental brief by October 10, 2000, and the appellees must file their supplemental brief by November 7, 2000.
Scheduling of Oral Arguments in Appellate Reviewsubscribe to see similar legal issues
Application: The court clerk is responsible for scheduling oral arguments as part of the appellate process, following the submission of all necessary briefs.
Reasoning: The court's clerk will schedule oral arguments as directed.
Stay of Mandate During Rehearingsubscribe to see similar legal issues
Application: The mandate from the prior judgment has been stayed, meaning the enforcement of the court's decision is temporarily halted pending the outcome of the en banc rehearing.
Reasoning: The mandate has been stayed, and the case has been restored to the docket for a pending appeal.