EXPERIENCE

David Mills has represented clients in major criminal and civil appeals in federal court, including the Supreme Court of the United States. A sample of these matters is provided below.

U.S. Supreme Court

• Ortiz v. Jordan, No. 09-737. Obtained grant of certiorari, then argued and won 9-0 decision, reinstating a jury verdict for woman sexually assaulted by a prison guard. Scotusblog.com identified the petition as a "Petition to Watch." Lower court: Sixth Circuit.

  
  

• Keith v. Ohio, No. 09-1052. Drafted, as co-counsel, a petition for certiorari on behalf of a death-row inmate contending that the prosecutors withheld evidence of his innocence. Scotusblog.com identified the petition as a "Petition to Watch." Ohio Governor Strickland ultimately granted clemency, sparing Mr. Keith the death penalty. Lower court: Supreme Court of Ohio.

  
  

• Valle v. City of Houston, No. 10-801. Drafted, as co-counsel, a petition for certiorari in a section 1983 case on behalf of the family of a man shot and killed by police while he was unarmed. (The Supreme Court called for a response to the petition, which occurs only in about 5% of cases.) Lower court: Fifth Circuit.

  
  

• Gabay v. Cate, No. 11-291. Drafted, as co-counsel, a petition for certiorari on behalf of a petitioner convicted of murder who seeks habeas relief based on evidence that the main prosecution witness against him actually confessed to committing the crime, though the jury never knew that. Lower court: Ninth Circuit.

  
  

• Miller v. Praxair, Inc., No. 10-1299. Wrote a petition for certiorari on behalf of a plaintiff bringing Title VII race-discrimination and retaliation claims against her former company. Lower court: Second Circuit.

  
  

• Atkin v. United States, No. 09-1441. Wrote a petition for certiorari on behalf of a petitioner seeking to overturn his previous tax- and fraud-related convictions through a writ of coram nobis. Lower court: Sixth Circuit.

  
  

• Robinson v. United States, No. 09-10773. Wrote a petition for certiorari on behalf of a criminal defendant convicted of federal bank burglary. Lower court: Sixth Circuit.

  
  

• Goddard v. United States, No. 11-5380. Wrote a petition for certiorari on behalf of a criminal defendant convicted of cocaine conspiracy charges. Lower court: Sixth Circuit.

  
  

Sixth Circuit and Other Courts

• USA v. Sweet, No. 10-3348 (6th Cir.). Orally argued case and obtained reversal of sentence for defendant convicted of bank embezzlement. Also obtained client's release pending appeal.

  
  

• USA v. Curb, No. 07-5286 (6th Cir.). Orally argued case and obtained reversal of sentence for defendant convicted of crack-cocaine distribution and sentenced to 22 years.

  
  

• D'Ambrosio v. Bagley, No. 10-3247 (6th Cir.). Obtained, as co-counsel with Jones Day, bar of retrial for death-row inmate who has been freed because prosecutors withheld evidence of his innocence.

  
  

• USA v. Priester, No. 08-2391 (6th Cir.). Obtained reversal of sentence for defendant convicted of crack-cocaine distribution and sentenced to 16 years in prison; oversaw Jones Day associate as co-counsel and advised him on brief and oral argument.

  
  

• Boggs v. City of Cleveland, No. 09-4403 (6th Cir.). Orally argued case and obtained reversal on behalf of plaintiff bringing 5th Amendment Takings claim against City of Cleveland.

  
  

• Keith v. Bobby, No. 09-3871 (6th Cir.). Orally argued case for defendant sentenced to death and bringing appeal regarding successive habeas petition. Governor Strickland ultimately commuted the sentence to life in prison based on withheld evidence of Mr. Keith's innocence.

  
  

• USA v. Robinson, No. 08-5939 (6th Cir.). Orally argued case for defendant convicted of bank burglary. 6th Circuit affirmed in 2-1 decision.

  
  

• USA v. Goddard, No. 09-5120 (6th Cir.). Orally argued case for defendant convicted of conspiring to distribute cocaine.

  
  

• USA v. Ferguson, No. 09-6297 (6th Cir.). Represent defendant convicted of conspiring to distribute crack cocaine and sentenced to 16 years.

  
  

• USA v. Worthington, No. 09-1564 (6th Cir.). Orally argued case for defendant convicted of cocaine distribution and sentenced to 23 years.