6th Cir. Decisions for Week of Apr. 14-18, 2008 (1 Pub Ky Decision)
PUBLISHED OPINIONS
| Opinion | Short Title/District |
|---|---|
| 08a0154p.06 2008/04/15 |
Jeffries v. Morgan Eastern District of Kentucky at Frankfort BOYCE F. MARTIN, JR., Circuit Judge. Billy S. Jeffries appeals the district court’s denial of his petition for habeas corpus seeking to overturn his conviction for murder and attempted rape based on evidence discovered subsequent to trial that implicates another person, John Dillon, in the crime. The issues on appeal are whether the district court erred in holding that: (1) upholding the Kentucky Supreme Court’s decision that the evidence introduced at trial was sufficient to support a conviction; (2) affirming the Kentucky Court of Appeals’ decision that the Commonwealth’s failure to turn over the limited information it had about Dillon to the defense did not give rise to a Brady v. Maryland claim; and (3) denying as moot Jeffries’ motion to expand the record and compel the Commonwealth to produce the transcripts of the trial. We now find that the district court erred in denying Jeffries’ motion to expand the record. Therefore, we VACATE the district court’s denial of habeas corpus, REVERSE the denial of Jeffries’ motion to expand the record, and REMAND with instructions that the district court review the entire available record in assessing Jeffries’ petition. |
| 08a0155p.06 2008/04/15 |
Munaco v. USA Eastern District of Michigan at Detroit |
| 08a0156p.06 2008/04/15 |
USA v. Terry Southern District of Ohio at Cincinnati |
| 08a0157p.06 2008/04/16 |
B & G Mining v. OWCP Benefits Review Board |
| 08a0158p.06 2008/04/16 |
Ndrecaj v. Mukasey Board of Immigration Appeals |
| 08b0007p.06 2008/04/16 |
In re: Kenneth Davis v. U.S. Bankruptcy Court - Cincinnati |
| 08a0159p.06 2008/04/17 |
Barry v. Mukasey Board of Immigration Appeals |
| 08a0160p.06 2008/04/18 |
Greater Hts Academy v. Zelman Southern District of Ohio at Columbus DAMON J. KEITH, Circuit Judge. This case arises from a 42 U.S.C. § 1983 Fourteenth Amendment claim filed by two Ohio community schools, Greater Heights Academy and W.C. Cupe Community School (“Appellants”), against three Ohio public officials, Dr. Susan Tave Zelman, Ohio Superintendent of Public Instruction, Dr. Paulo A. DeMaria, Associate Superintendent for the Center for School Finance of the Ohio Department of Education (ODE), and Todd L. Hanes, Director of ODE’s Office of Community Schools (collectively, “Appellees”). Appellants sought injunctive relief consisting of a prayer for the receipt of state educational funds pursuant to Ohio Rev. Code § 3314.08 and an opportunity for a hearing prior to the denial of funding. Concluding that community schools are political subdivisions and barred from asserting Fourteenth Amendment claims against state officials, the district court dismissed Appellants’ suit under Fed. R. Civ. P. 12(b)(6) for failure to state a claim upon which relief may be granted. The sole issue on appeal is whether Appellants are political subdivisions that therefore cannot invoke the protection of the Fourteenth Amendment against the state of Ohio. |
| 08b0008p.06 2008/04/18 |
In re: J & M Salupo v. U.S. Bankruptcy Court - Cleveland |
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
NOTE: The "Filed" date for an unpublished opinion is not always the
date on which it is posted. Please check the opinion for the correct
filed date.
| Opinion | Short Title/District |
|---|---|
| 08a0195n.06 2008/04/14 |
Djokovic v. Mukasey Immigration & Naturalization Service |
| 08a0196n.06 2008/04/16 |
USA v. McKinney Northern District of Ohio at Cleveland |
| 08a0197n.06 2008/04/16 |
USA v. Munguia Eastern District of Tennessee of Chattanooga |
| 08a0198n.06 2008/04/16 |
Koehler v. Pension Benefit Northern District of Ohio at Cleveland |
| 08b0007n.06 2008/04/16 |
In re: Gruseck v. U.S. Bankruptcy Court - Covington |
| 08a0199n.06 2008/04/16 |
Burnett v. Kelly Eastern District of Michigan at Detroit |
| 08a0200n.06 2008/04/16 |
Gant v. Genco I, Inc Middle District of Tennessee at Nashville |
| 08a0201n.06 2008/04/16 |
Cameron v. Grainger Cnty TN Eastern District of Tennessee at Knoxville |
| 08a0202n.06 2008/04/17 |
Ukpabi v. Mukasey Board of Immigration Appeals |
| 08a0203n.06 2008/04/17 |
USA v. Bass Western District of Michigan at Grand Rapids |
| 08a0204n.06 2008/04/17 |
Harris v. City of St. Clairs Southern District of Ohio at Columbus |
| 08a0205n.06 2008/04/17 |
Ackers v. Celestica Corp Southern District of Ohio at Columbus |
| 08b0008n.06 2008/04/18 |
In re: Robert Moran v. U.S. Bankruptcy Court - Cleveland |
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