Rex Manning’s work runs the gamut of the justice system with an emphasis on appeals. He has briefed a variety of issues at all stages of appeal, in civil and criminal cases alike. They include:
A petition for certiorari in the U.S. Supreme Court;
A petition for rehearing en banc in the U.S. Court of Appeals for the Sixth Circuit;
A reply brief in a different matter in the Sixth Circuit; and
An appellee brief in the U.S. Court of Appeals for the Fifth Circuit
Mr. Manning has twice argued in the Sixth Circuit as well.
Prior to joining SKV, Rex spent two years clerking for the Honorable Richard Allen Griffin on the Sixth Circuit.
Before that, Rex spent a year clerking for the Honorable Terrence G. Berg on the U.S. District Court for the Eastern District of Michigan. While there, he initiated and organized Judge Berg’s sitting by designation in the U.S. Court of Appeals for the Ninth Circuit.
Mr. Manning began his career as a litigation associate at Wilson Sonsini Goodrich & Rosati, where he created a pro bono partnership with the University of Michigan Law School’s Federal Appellate Litigation Clinic. As part of that partnership, junior associates took over appeals—often on short notice—when the Clinic’s caseload exceeded what its students could handle.
And Rex also gained significant appellate experience as a law student. In his third year of law school, Mr. Manning joined the Federal Appellate Litigation Clinic. In one case, he identified a sentencing error so egregious that the government agreed to remand the case for re-sentencing without either party submitting appellate briefing. At re-sentencing, the Clinic’s client received a sentence 17 months shorter than the initial one.
Mr. Manning earned his J.D. from the University of Michigan Law School and his B.A. from Michigan State University, where he graduated in three years.
Supreme Court of UnitedStates
Smith v. United States, No. 15-6624
Co-authored petition for writ of certiorari in criminal appeal challenging, among other things, the continuing validity of Almendarez-Torres v. United States, 523 U.S. 224 (1998).
United States Courts of Appeals
United States v. Perez, No. 14-3794 (6th Cir.)
Co-authored petition for rehearing en banc in criminal appeal challenging, among other things, the validity of applying the Fifth Amendment test for whether a defendant is in custody for Miranda purposes to a defendant’s Fourth Amendment challenge to the reasonableness of a seizure.
United States v. Wingate, No. 13-2199 (6th Cir.)
Co-authored reply brief and argued criminal appeal challenging, among other things, the effectiveness of trial counsel who failed to cross examine a majority of the government’s witnesses and failed to object to an unduly suggestive photograph lineup.
Korean Claimants v. Claimants’ Advisory Committee, No. 18-2446 (6th Cir.)
Argued appeal in Chapter 11 bankruptcy proceeding involving the enforceability of a settlement agreement, the terms of which conflicted with the reorganization plan and federal bankruptcy law
Unified Buddhist Church of Vietnam v. Unified Buddhist Church of Vietnam, et al., No. 19-20544 (5th Cir.)
Authored appellee brief in civil appeal concerning whether the plaintiff’s asserted trademarks had obtained secondary meaning (and thus were legally protectable)
State Bar of California
Not yet admitted to Texas Bar; practice supervised by a member of the Bar of Texas
U.S. Court of Appeals for the Fifth Circuit
U.S. Court of Appeals for the Sixth Circuit
U.S. Court of Appeals for the Ninth Circuit
U.S. District Court for the Eastern District of Texas
U.S. District Court for the Northern District of California
Michigan State University
B.A., with honors, Political Theory Constitutional Democracy, 2012
Phi Beta Kappa
University of Michigan Law School
J.D., cum laude, 2015
Articles Editor, Michigan Telecommunications and Technology Law Review
Student Attorney, Federal Appellate Litigation Clinic
Wilson Sonsini Goodrich & Rosati, 2015-2016
to the Hon. Terrence G. Berg
United States District Court for the Eastern District of Michigan, 2016-2017
to the Hon. Richard A. Griffin
United States Court of Appeals for the Sixth Circuit, 2017-2019
Smyser Kaplan & Veselka, L.L.P., 2019-Present