EXPERIENCE


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.
Petition for certiorari

Halliburton Co., et al. v. Erica P. John Fund, Inc., No. 13-317. Filed Amici brief on behalf of various members of Congress, including Senators Barbara Boxer and Edward Markey, regarding their views on the governing laws of securities class actions.
Amici Brief on Behalf of Current and Former Members of Congress

McNeese v. United States, No. 16-66. Wrote petition for certiorari raising full circuit split regarding Freeman v. United States and the application of retroactive sentencing amendments for defendants who have entered binding plea agreements.
Petition for certiorari; Reply.

Keith v. Ohio, No. 09-1052. Wrote 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.
Petition for certiorari

Estate of Henson v. Krajca, No. 11-1097. Wrote petition for certiorari in a section 1983 case on behalf of the family of a man who died from a serious medical condition while detained in pre-trial confinement. Scotusblog.com identified the petition as a “Petition to Watch.” Lower court: Fifth Circuit.
Petition for certiorari

Valle v. City of Houston, No. 10-801. Wrote 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.
Petition for certiorari

Salazar-Limon v. City of Houston, No. 16-515.  Wrote petition for certiorari in a section 1983 case on behalf of a man shot in the back by a police officer while unarmed. (The Supreme Court called for a response to the petition, which occurs only in about 5% of cases.) Lower court: Fifth Circuit.

Petition for certiorari; Reply regarding certiorari

Bobby v. D’Ambrosio, No. 11-672. Wrote opposition to petition for certiorari that successfully preserved federal court decisions holding that former death-row inmate Joe D’Ambrosio, who was released because of withheld evidence of innocence, was to remain released from prison and could not be reprosecuted. Lower court: Sixth Circuit.
Opposition to petition for certiorari

D’Ambrosio v. Marino, No. 14-393.  Wrote petition for certiorari seeking to have Supreme Court overrule its decision in Ashcroft v. Iqbal on behalf of former death-row inmate who was barred from proceeding with 1983 suit against prosecutor’s office.  Lower court: Sixth Circuit.
Petition for certiorariReply regarding certiorari

Wilson v. Trammell, No. 11-5031. Wrote, as co-counsel, a petition for certiorari on behalf of a petitioner sentenced to death at 19 years old and seeking relief based in part on a schizophrenia diagnosis the jury did not know of. Lower court: Tenth Circuit.
Petition for certiorari

Daewoo Electronics America Inc. v. T.C.L. Industries Holdings Ltd., No. 11-1289. Wrote petition for certiorari on behalf of Daewoo Electronics regarding federal court interpretation of state contract-law principles underlying $5 million guaranty. Lower court: Third Circuit.
Petition for certiorari

Gabay v. Cate, No. 11-291. Wrote 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.

Jalowiec v. Robinson, No. 11-9704. Wrote petition for certiorari on behalf of a death-row inmate contending that the prosecutors withheld evidence of his innocence and that the federal courts should have permitted state-court review. Lower court: Sixth Circuit.
Petition for certiorari

Ransom v. United States, No. 11-629. Wrote petition for certiorari on behalf of a high-level federal employee challenging convictions for wire-fraud and theft of government property. Lower court: Tenth Circuit.
Petition for certiorari

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

Atkin v. United States, No. 09-1441. Wrote 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.
Petition for certiorari

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

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


Sixth Circuit

Cranpark v. Rogers Group, Inc., No. 14-3753/14-3852 (6th Cir.). Orally argued case on behalf of paving/construction company that had obtained $15.6 million jury verdict that was thrown out by district judge after trial.  Obtained full reversal and reinstatement of verdict plus interest--case then settled for $24 million.
Opening brief Reply brief | Oral argument

USA v. Nikolovski, No. 12-3679 (6th Cir.). Orally argued case and obtained reversal of sentence for defendant convicted of bank-fraud charges and sentenced to 18 years in prison regarding $7 million in loans.  Represented defendant on district court on remand and obtained significantly lower sentence.
Opening brief | Reply brief | Oral argument

USA v. Duke, No. 11-3397 (6th Cir.). Orally argued case and obtained reversal of sentence for defendant convicted of bank fraud related to mortgage scheme. Defendant was resentenced and released the day after resentencing.
Opening brief | Reply brief | Oral argument

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.
Opening brief | Reply brief

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.
Opposition brief

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.
Opening brief

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.
Opening briefReply brief.

USA v. Ferguson, No. 09-6297 (6th Cir.). Orally argued case and obtained reversal of 16-year sentence for defendant convicted of crack-cocaine conspiracy charges.
Opening brief

D’Ambrosio v. Marino, No. 13-3118 (6th Cir.). Orally argued case for Joe D’Ambrosio in section 1983 suit seeking compensation for his wrongful conviction and 20 years on death row.
Opening briefReply briefEn Banc PetitionOral Argument Audio.

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.

Washburn v. Lawrence County, No. 12-4011 (6th Cir.). Orally argued case for woman who suffered traumatic brain injury when struck by airport hangar door.
Opening briefReply brief.

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

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

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

 


Other Courts

Ajamu v. City of Cleveland, No. 15-1320 (N.D. Ohio). Represent Kwame Ajamu and Wiley Bridgeman in 1983 suit seeking compensation for wrongful imprisonment.  Ajamu and Bridgeman were declared innocent after spending 27 and 37 years in prison, respectively, for a murder they did not commit.
Complaint

Ajamu v. State of Ohio, No. 2015-00149-WI (Ohio Ct. of Claims). Obtained settlement for Kwame Ajamu and Wiley Bridgeman in suit against the State of Ohio seeking statutory compensation for their years of wrongful imprisonment after they were declared innocent.
Complaint

Siller v. Serowik, No. 13-cv-594 (N.D. Ohio). Obtained settlement on behalf of Thomas Siller and Walter Zimmer in section 1983 suit seeking compensation for wrongful imprisonment–each served 13 years in prison.
ComplaintOpposition to Summary Judgment.

In re: Leonard N. Malasi(U.S. Department of Defense).  Represented grandson of WWI veteran seeking funds withheld while veteran was in Communist-controlled Albania.
Official Claim to Department of Defense