Kyle Brennan: Names of judges on the Appeals Court panel announced

The Federal Appeals Court in Jacksonville, Florida, has announced the names of the three judges deciding the appeal in the wrongful-death suit of 20-year-old Kyle Brennan, who died under highly suspicious circumstances on the night of Friday, February 16, 2007. They are judges Frank M. Hull of Atlanta, Stanley Marcus of Miami, and Emmett Cox of Mobile. Biographical information is found below.

Judge Frank Hull is a woman, despite her first name. She and Judge Stanley Marcus were appointed by President Clinton, and Judge Emmett Cox by President Reagan. Judges Frank and Marcus were on the Appeals Court panel that struck down the individual mandate of the Affordable Care Act. Judge Hull joined Chief Judge Joel Dubina in writing the opinion and Judge Marcus wrote a dissent.

It would be a travesty of justice for the judges not to grant the appeal. On the basis on the defective police work of Detective Stephen Bohling alone Judge Merryday never should have ordered the Scientology defendants’ motion for summary judgment early last December.

Bohling falsified Kyle’s diagnosis from his psychiatrist Dr. Stephen McNamara, whom he had diagnosed as only mildly depressed.  In his lie-filled investigative report Bohling wrote falsely, “The Doctor confirmed that Kyle Brennan had been exhibiting early signs of Schizophrenia in include paranoia and delusions and that he did prescribe Lexipro [sic] to Brennan.” In his deposition McNamara says that he never talked to anyone in Clearwater.

Oral arguments in the case will be heard in Federal Appeals Court in Jacksonville, Florida, on the morning of Friday, September 14. For further details see our post Kyle Brennan vs the Church of Scientology: Oral arguments in Jacksonville, September 14.

Here is further background information on the judges:

Emmett Ripley Cox:

Born 1935, nominated by President Reagan in 1981 as judge of the US District Court for the Southern District of Alabama. Acquired senior status in 2000. Spent entire pre-judicial career as a private practice attorney. Wikpedia bio.  Judgepedia bio

Frank M. Hull:

Despite her first name, Judge Hull is a woman. Born 1948 in Augusta, GA, appointed by President Clinton in 1994 as judge of the US District Court for the Northern District of Georgia. President Clinton nominated her to the US Court of Appeals for the 11^th Circuit in 1997. Judgepedia bio. Before her judicial career she was in private practice in Atlanta, 1974-1984.

Judge Hull and Judge Stanley Marcus were members of the three-judge 11^th Circuit appeals panel that questioned the constitutionality of the Affordable Care Act. The other member was Chief Judge Joel Dubina, appointed by President George H. W. Bush.

In their opinion on the 2-1 decision, Hull and Dubina rejected the individual mandate of the legislation allowing that the rest of the law could remain in effect.  Judge Stanley Marcus disagreed in a dissent. Talking Points Memo has a good article on political background and judicial philosophy of the judges.

Stanley Marcus:

Born 1946 in NY. Joined the 11^th Circuit US Appeals Court in 1997 after being nominated by President Clinton. Previously served as judge for the US District Court for the Southern District of Florida after being nominated by President Reagan in 1985.

Marcus served as an Assistant United States Attorney for the United States Department of Justice's U.S. Attorney's Office for the Eastern District of New York from 1975 to 1978 before serving as the Deputy Chief of the Organized Crime Strike Force for the U.S. Department of Justice based in Detroit, Michigan from 1978 to 1979. Marcus was the Chief of the Strike Force from 1980 to 1982 before being nominated by President Ronald Reagan to serve as the U.S. Attorney for the Southern District of Florida from 1982 to 1985. Judegepedia bio.

As noted above Marcus dissented from the opinion of Judge Hull and Chief Judge Dubina in striking down the individual mandate of the Affordable Care Act.