Sixth Circuit Cases

6th Cir: Published Decisions - July 24 - 28, 2006

Opinion	Pub Date	Short Title/District
06a0257p.06	2006/07/24	Poindexter v. Mitchell     Southern District of Ohio at Cincinnati
06a0258p.06	2006/07/24	Blaty v. Eagle Village     Western District of Michigan at Lansing
06a0259p.06	2006/07/24	Ellis v. Cleveland Municipal     Northern District of Ohio at Cleveland
06a0260p.06	2006/07/26	In re: Dow Corning v.     Eastern District of Michigan at Detroit
06a0261p.06	2006/07/26	Wright v. Murray Guard Inc.     Western District of Tennessee at Memphis
06a0262p.06	2006/07/26	Nack v. Orange City School     Northern District of Ohio at Cleveland
06a0263p.06	2006/07/27	Washington v. Renico     Eastern District of Michigan at Flint
06a0264p.06	2006/07/28	USA v. Whittington     Eastern District of Michigan at Bay City

CA6 Case: Judge: Bad work by lawyers may save clients [Courier Journal]

Judge: Bad work by lawyers may save clients

Overturned death penalties cited

Lawyers might be tempted to offer a weak defense in death penalty cases because many execution sentences are being overturned due to lawyer incompetence, the chief judge of a four-state federal appeals court said in an opinion released yesterday.

Here is link to full text of decision:

Poindexter v. Mitchell
Southern District of Ohio at Cincinnati
7/24/2006  06a0257p.06 

CA6 News: "New Federal Courthouse to be Named for Senator Frist?" [Day on Torts]

New Federal Courthouse to be Named for Senator Frist?

The Tennessean reports that the new federal courthouse in Nashville will be named for Senator Frist. The same Senator Frist who has repeated tried to keep medical malpractice victims from being able to access to the civil justice system.

6th Cir: Published Decisions - July 17-21, 2006

Opinion	Pub Date	Short Title/District
06a0247p.06	2006/07/17	Westside Mothers v. Olszewski     Eastern District of Michigan at Detroit
06a0248p.06	2006/07/17	Pickering v. Gonzales     Board of Immigration Appeals
06a0249p.06	2006/07/17	USA v. Harness     Eastern District of Tennessee at Knoxville
06a0250p.06	2006/07/19	Comer, et al v. Wal-Mart Stores     Western District of Michigan at Grand Rapids
06a0251p.06	2006/07/19	USA v. Yopp     Eastern District of Michigan at Detroit
06a0252p.06	2006/07/19	Vickers v. Fairfield Medical     Southern District of Ohio at Columbus
06a0253p.06	2006/07/20	USA v. Cook, Larone     Eastern District of Michigan at Detroit
06a0254p.06	2006/07/20	USA v. Jones     Western District of Tennessee at Jackson
06a0255p.06	2006/07/20	Killian v. Yorozu Automotive     Eastern District of Tennessee at Winchester
06a0256p.06	2006/07/21	BellSouth Telecomm v. Universal Telecom     Eastern District of Kentucky at Frankfort Click here for synopsis at KyCases.com

   

Blog News: New Sixth Circuit Blog Out

Effective July 15, 2006, there is a new kid on the block (blog) with the Sixth Circuit Blog.  Here is a link to their first posting. 

Sixth Circuit Orders En Banc Rehearing to Decide Whether Federal Issue Embedded in State Law Claim for Relief Supports Removal Jurisdiction

6th Cir: Press Release - Opperman New Bankruptcy Judge

The United States Court of Appeals for the Sixth Circuit announces the appointment of Daniel S. Opperman as United States Bankruptcy Judge for the Eastern District of Michigan at Bay City. He assumes a new position created by the passage of P.L. 109-8. Judge Opperman joins Chief Bankruptcy Judge Steven Rhodes, and Judges Marci McIvor, Phillip Shefferly Thomas Tucker and recalled Bankruptcy Judge Walter Shapero on the Eastern Michigan bankruptcy bench. He was selected by the Court from a field of 34 candidates, and he was sworn in on July 13, 2006. More Information

6th Cir: Published Decisions - July 10-14, 2006

Opinion	Pub Date	Short Title/District
06a0237p.06	2006/07/10	Keith v. Mitchell     Northern District of Ohio at Cleveland
06a0238p.06	2006/07/10	USA v. Shepherd     Middle District of Tennessee at Nashville
06a0239p.06	2006/07/10	USA v. Worley     Eastern District of Tennessee at Winchester
06a0240p.06	2006/07/11	Crooks v. CIR     U.S. Tax Court
06a0241p.06	2006/07/11	FDIC v. Dover     Eastern District of Tennessee at Knoxville
06a0242p.06	2006/07/12	Preferred Cap Inc v. Assoc in Urology     Northern District of Ohio at Cleveland
06a0243p.06	2006/07/13	Randolph v. Youth Services     Southern District of Ohio at Columbus
06a0244p.06	2006/07/13	USA v. Galvan     Eastern District of Michigan at Bay City
06a0244p.06	2006/07/13	USA v. Johnson     Eastern District of Michigan at Bay City
06a0245p.06	2006/07/13	In re: Grand Jury Sb v.     Eastern District of Michigan at Detroit
06a0246p.06	2006/07/14	Almuhtaseb v. Gonzales     Board of Immigration Appeals

CA6 Weekly Published Decisions - July 3 - 7, 2006

Opinion	Pub Date	Short Title/District
06a0223p.06	2006/07/03	USA v. Hernandez-Fierros     Western District of Michigan at Grand Rapids
06a0224p.06	2006/07/03	USA v. Mickens     Northern District of Ohio at Cleveland
06a0225p.06	2006/07/03	Baranski v. Unknown ATF Agents     Western District of Kentucky at Louisville Click here for KyCases Synopsis
06a0226p.06	2006/07/06	Jordan v. Cleveland     Northern District of Ohio at Cleveland
06a0227p.06	2006/07/06	Sene v. Gonzales     Board of Immigration Appeals
06a0228p.06	2006/07/06	Hughlett v. Romer-Sensky     Southern District of Ohio at Columbus
06a0229p.06	2006/07/06	Harvey v. Great Seneca Fin     Southern District of Ohio at Cincinnati
06a0230p.06	2006/07/06	Lowenbraun v. Canary     Western District of Kentucky at Louisville Click here for KyCases Synopsis
06a0231p.06	2006/07/07	USA v. Conley     Western District of Tennessee at Memphis
06a0232p.06	2006/07/07	Dickerson v. Bagley     Northern District of Ohio at Cleveland
06a0233p.06	2006/07/07	KY Press Assn Inc v. Comwlth of KY     Eastern District of Kentucky at Frankfort Click here for KyCases synopsis
06a0234p.06	2006/07/07	Martiniano v. Bell     Middle District of Tennessee at Nashville
06a0235p.06	2006/07/07	Shreve v. Jessamine Cnty     Eastern District of Kentucky at Lexington click here for KyCases synopsis

CA6 Decisions: Split Circuit Blog Note On Franks Reviews

From Split Circuit Blog is a posting which addresses a CA6 decision in its body:

Eleventh Circuit notes Split re Standard of Review for Denial of Franks Hearings

Per U.S. v. Arbolaez, --- F.3d ----, 2006 WL 1493833 (11th Cir. Jun. 1, 2006):

Generally, a court's decision about whether to hold an evidentiary hearing lies within that court's sound discretion and will be reviewed only for an abuse of discretion. See United States v. Dynalectric Co., 859 F.2d 1559, 1580 (11th Cir.1988). We have not stated a precise standard of review for a district court's denial of a Franks [v. Delaware, 438 U.S. 154 (1978)] hearing [to challenge the veracity of the affidavit supporting the search warrant], and other circuits are split on the issue.FN11 Because, as was the case for the Sixth Circuit in United States v. Stewart,“the more exacting de novo standard of review is satisfied” here, we need not address the issue further. Stewart, 306 F.3d 295, 304 (6th Cir.2002).

Footnote 11. Compare United States v. Fairchild, 122 F.3d 605, 610 (8th Cir.1997) (review for abuse of discretion), United States v. Skinner, 972 F.2d 171, 177 (7th Cir.1992) (review for clear error), United States v. Hadfield, 918 F.2d 987, 992 (1st Cir.1990) (same), and United States v. One Parcel of Property, 897 F.2d 97, 100 (2d Cir.1990) (same), with United States v. Homick, 964 F.2d 899, 904 (9th Cir.1992) ( de novo review), and United States v. Mueller, 902 F.2d 336, 341 (5th Cir.1990) (same); see also United States v. Stewart, 306 F.3d 295, 304 (6th Cir.2002) (discussing split).

CA6 News: "High court sides with woman in retaliation case" [Scripts Howard]

High court sides with woman in retaliation case

By BARTHOLOMEW SULLIVAN Scripps Howard News Service 22-JUN-06 WASHINGTON -- A Memphis, Tenn., woman who sued her employer for sexual discrimination and retaliation after she was reassigned and then suspended