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April 20, 2008

6th Cir. Decisions for Week of Apr. 14-18, 2008 (1 Pub Ky Decision)

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PUBLISHED OPINIONS

OpinionShort 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.

OpinionShort 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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