Talk:Carl Andrew Weinman

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Role in the Sheppard case?[edit]

In "Notable cases" it says: "Among the notable cases heard by Weinman as a federal judge were the appeal of the murder conviction of Sam Sheppard".

But Weinman's judicial career began and ended as a district court judge. He was never an appellate judge, so ordinarily would not have heard Sheppard's appeal.

I can think of a couple possibilities here: one is that when the Sixth Circuit Court of Appeals had a temporary vacancy, Weinman may have sat by designation (essentially serving as a temp on the appellate court) and heard the appeal. But even then it wouldn't have been Weinman alone who heard the case, it would have been Weinman as one judge on a panel of three judges, and this passage does not suggest that.

The other is that this was an action for habeus corpus and not an appeal. That would make sense and would also provide one path for a state homicide case case to get into the federal system. (The other, more common one is a writ of certiorari from the state's highest court to the US Supreme Court -- but that would not be consistent with Weinman, a federal district court judge, getting the case.) TJRC (talk) 00:37, 26 May 2022 (UTC)[reply]