United States v. Hankison (6th Circuit appeal)

Will Brett Hankison's federal civil-rights conviction survive his Sixth Circuit appeal?

Court: U.S. Court of Appeals for the Sixth Circuit, No. 25-5954
Division: Appeals & Post-Conviction

Where the case stands

Sentenced July 2025 to 33 months (the court rejected DOJ's time-served/1-day recommendation). Appeal pending in the Sixth Circuit, No. 25-5954. In a Nov. 13, 2025 brief the government — while remaining appellee — supported his release pending appeal and acknowledged substantial appellate questions; the district court released him Dec. 19, 2025 pending appeal.

Background

Former Louisville Metro Police detective who fired 10 rounds through Breonna Taylor's covered window and glass door during the March 13, 2020 raid. Acquitted in state court in 2022; his first federal trial ended in a hung-jury mistrial in Nov. 2023; a second federal jury convicted him on one count in Nov. 2024 after multiple Allen charges.

Charges

Convicted Nov. 1, 2024 of one count of deprivation of rights under color of law (18 U.S.C. § 242) — using excessive force against Breonna Taylor; the jury did not convict on the count concerning her neighbors

The arguments

Prosecution/State: Blindly firing 10 rounds through a covered window and door into an occupied apartment was objectively unreasonable, willful excessive force under § 242 — the theory the second federal jury accepted.

Defense: On appeal: his shots hit no one, so his conduct was no Fourth Amendment seizure of Taylor at all; the force was not willfully unreasonable in a chaotic gunfight; plus prosecutorial-misconduct and sentencing claims. The government itself has conceded these questions are substantial.

The record

Shot pattern. 10 rounds fired from outside through a sliding glass door and covered window; none struck any person; several entered a neighboring occupied apartment.
Three-trial history. State acquittal (2022), federal mistrial (2023), conviction only on the third try after repeated Allen charges — both sides now cite this history.
DOJ appellate posture. Nov. 13, 2025 DOJ brief supporting release pending appeal and acknowledging substantial questions on seizure, willfulness, and alleged prosecutorial misconduct.

The line-setting read at the time this market opened

Unusually live appeal: release pending appeal required a substantial question likely to produce reversal or new trial, and the current DOJ is openly lukewarm about defending the verdict. Against that, the Sixth Circuit must still find error on de novo review of a jury verdict. Close to a coin flip with a modest lean toward affirmance.

Awaiting decision — Sixth Circuit merits briefing/argument and the panel's decision; oral-argument audio will be posted by the court when argued. No argument date publicly reported as of Oct. 2, 2026. The ruling is posted here, and on the board, the moment it's confirmed by two or more independent news organizations.

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Sources

Public record

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