2011 Sixth Circuit US Court of Appeals Case Law
Opinions 501 - 1000 of 1431
Date: August 12, 2011
Docket Number: 10-8085
Justia Opinion Summary: The debtor's property was subject to first and second mortgages with complex histories of assignment involving the defendants. The district court dismissed the chapter 7 trustee's action for declaratory judgment to…
Date: August 11, 2011
Docket Number: 09-6498
Justia Opinion Summary: Defendant, who has a history of substance abuse and mental illness, failed to return to a halfway house where he had been placed following a conviction on credit card fraud charges. He was sentenced to 36 months in…
Date: August 11, 2011
Docket Number: 01-3613
Justia Opinion Summary: Defendant admitted to participating in the 1984 robbery and to shooting husband (who survived), but claimed not to have shot wife. He entered a plea of guilty to aggravated murder and attempted aggravated murder. At a…
Date: August 11, 2011
Docket Number: 10-5551
Date: August 10, 2011
Docket Number: 09-1091
Justia Opinion Summary: Plaintiff, serving a non-parolable life sentence in a Michigan prison, sued the parole board (42 U.S.C. 1983), claiming that its change in policies concerning when it recommends commutation violated the Ex Post Facto…
Date: August 10, 2011
Docket Number: 10-3195
Justia Opinion Summary: Plaintiff, an inmate, failed to stand during a head-count and was pulled from his cell, handcuffed, and placed in an observation cell for more than 12 hours with his hands restrained behind his back. He claims that he…
Date: August 10, 2011
Docket Number: 09-6029
Justia Opinion Summary: Defendant, who used counterfeit cashiers' checks to buy cars, was convicted of uttering a counterfeited security (18 U.S.C. 513(a)), was sentenced to 60 months in prison. With adjustments, the sentencing guidelines…
Date: August 8, 2011
Docket Number: 09-1877
Date: August 5, 2011
Docket Number: 08-4482
Justia Opinion Summary: After entering a conditional plea of guilty for failure to register under the Sex Offender Registration and Notification Act, 42 U.S.C. 16901, defendant was sentenced to 36 months imprisonment, a crime fund special…
Date: August 5, 2011
Docket Number: 08-6161
Justia Opinion Summary: Defendant was convicted in Tennessee in 1998 of especially aggravated robbery and state courts upheld his conviction. The district court denied a petition for habeas corpus. The Sixth Circuit affirmed, rejecting a claim…
Date: August 5, 2011
Docket Number: 09-3829
Justia Opinion Summary: Husband and wife married in 1996, when husband was a training officer at a juvenile correctional facility and wife was working as the youth-services administrator at the same facility. In 2005 husband was terminated,…
Date: August 4, 2011
Docket Number: 09-5806
Justia Opinion Summary: Defendant, convicted as a felon-in-possession-of-a-firearm (18 U.S.C. 922(g)(1)), was sentenced to 180 months in prison, the statutorily mandated minimum under the Armed Career Criminal Act, 18 U.S.C. 924(e). A…
Date: August 4, 2011
Docket Number: 10-1439
Justia Opinion Summary: Plaintiffs a pro-life, non-profit corporation engaged in anti-abortion activities, including publicity campaigns, and an individual, challenged government policies that, they allege, target individuals defendants deem to…
Date: August 4, 2011
Docket Number: 09-4261
Justia Opinion Summary: Defendant purchased firearms for others, stating that he was the actual purchaser, and was convicted of making a false statement during the purchase of firearms 18 U.S.C. 922(a)(6). The district court applied a…
Date: August 3, 2011
Docket Number: 02-1570
Justia Opinion Summary: After the Sixth Circuit held that a murder in the Manistee National Forest fell within federal subject matter jurisdiction, defendant was convicted, sentenced to death, and appealed pursuant to 18 U.S.C. 3595. The Sixth…
Date: August 2, 2011
Docket Number: 09-2245
Justia Opinion Summary: The company fired a worker, claiming poor performance and misconduct; the union claimed that the termination was based on union support and filed an NLRB charge. The union also began a campaign against the company that…
Date: August 2, 2011
Docket Number: 10-1673
Date: August 2, 2011
Docket Number: 09-4562
Date: July 29, 2011
Docket Number: 09-2324
Justia Opinion Summary: Petitioner, convicted of a non-fatal shooting, was sentenced as a habitual offender to 29-1/2 to 60 years for assault with intent to commit murder, to run concurrently with a sentence of 40 to 60 months for a…
Date: July 29, 2011
Docket Number: 08-3948
Date: July 29, 2011
Docket Number: 08-4011
Date: July 28, 2011
Docket Number: 09-3231
Justia Opinion Summary: Defendant pled guilty to a three-count indictment charging receipt of visual depictions of minors engaged in sexually explicit conduct, receipt and/or distribution of child pornography (18 U.S.C. 2252A(a)(2)(A)), and…
Date: July 28, 2011
Docket Number: 09-2388
Justia Opinion Summary: In 1994 the township denied a special permit for construction of a church and related structures, consisting of 220,000 square feet of building area, more than 1,350 parking spaces, and a seating capacity of 4,000 people…
Date: July 28, 2011
Docket Number: 10-5305
Justia Opinion Summary: Plaintiff purchased auction-rate securities from defendant, a securities broker-dealer. ARS are long-term bonds whose interest rates periodically reset through auctions and typically offer higher returns than treasuries…
Date: July 27, 2011
Docket Number: 09-2404
Justia Opinion Summary: The inmate, serving a life sentence for first-degree murder and carrying a gun while attempting to commit a felony, filed a 42 U.S.C. 1983 suit, alleging First Amendment retaliation, conspiracy to violate constitutional…
Date: July 26, 2011
Docket Number: 09-2037
Justia Opinion Summary: Defendant, a police officer, noticed a Tahoe that looked like a Michigan State Police vehicle and suspected that it was being used for impersonation of a law-enforcement officer. After state police advised that it was…
Date: July 22, 2011
Docket Number: 08-2391
Justia Opinion Summary: Defendant pled guilty to conspiring to distribute crack cocaine, powder cocaine, and marijuana and was sentenced to a within-Guidelines 180 months' imprisonment. The Sixth Circuit vacated the sentence because the…
Date: July 22, 2011
Docket Number: 09-4235
Date: July 19, 2011
Docket Number: 10-4281
Justia Opinion Summary: The Sixth Circuit remanded the 28 U.S.C. 2254 habeas corpus case to the district court for factual development of an Ohio death-row inmate's claim that Ohio’s lethal-injection procedures violated his Eighth Amendment…
Date: July 19, 2011
Docket Number: 09-2460
Justia Opinion Summary: Defendant, convicted under 18 U.S.C. 371 of conspiracy to defraud the United States while serving as in-house general counsel to the company involving the company's filing of false tax returns with the IRS. He was…
Date: July 19, 2011
Docket Number: 08-2338
Justia Opinion Summary: Petitioner was convicted of drug and firearm offenses in Michigan state court based on her presence in a house where the drugs were found. She did not own the house and claimed that she did not know the drugs were there.…
Date: July 18, 2011
Docket Number: 09-2440
Date: July 18, 2011
Docket Number: 09-1573
Date: July 15, 2011
Docket Number: 09-4309
Justia Opinion Summary: Plaintiff was in a work-related vehicle accident that injured his back in 1994. He worked on and off until 2000 when back pain prevented him from continuing as a truck driver. A 2001 claim for social security disability…
Date: July 15, 2011
Docket Number: 10-3008
Justia Opinion Summary: Petitioner worked as an underground surveyor for a coal company for more than 22 years. He filed an unsuccessful claim for black lung benefits (30 U.S.C. 901) about a year after being laid off. He filed a second claim 10…
Date: July 14, 2011
Docket Number: 09-4449
Date: July 14, 2011
Docket Number: 10-8079
Justia Opinion Summary: After a chapter 11 case was converted to a chapter 7 case, the bankruptcy court entered orders granting fees for the chapter 7 trustee's counsel, denying fees requested by chapter 11 counsel, and requiring chapter 11…
Date: July 13, 2011
Docket Number: 10-5114
Justia Opinion Summary: Plaintiff, employed by a company contracted to do grounds maintenance, was injured while mowing grass at an Army base. A deteriorating steam pipe fell, striking him in the head. The district court granted summary…
Date: July 12, 2011
Docket Number: 09-1094
Justia Opinion Summary: Defendant, a pawn shop operator, entered a guilty plea to unlawful receipt and possession of a firearm (26 U.S.C. 5861(d)) and unlawful transfer of a firearm (26 U.S.C. 5861(e)) and was sentenced to 37 months of…
Date: July 11, 2011
Docket Number: 09-4338
Justia Opinion Summary: Defendant, hired by a landlord to collect overdue rent, was convicted of rape, aggravated burglary, and felonious assault, stemming from incidents involving forcible entry into apartments. Without a pre-sentence report,…
Date: July 8, 2011
Docket Number: 10-5226
Justia Opinion Summary: In 2006 the claimant sought disability benefits, alleging injury in a construction accident. An ALJ denied the claim and the appeals council denied review. The district court upheld the denial. The Sixth Circuit vacated.…
Date: July 8, 2011
Docket Number: 10-5211
Justia Opinion Summary: Plaintiff filed several suits against healthcare groups on behalf of the United States, claiming violation of the Medicare Secondary Payer Act, 42 U.S.C. 1395y(b). No court has ever found that the MSP is a qui tam…
Date: July 8, 2011
Docket Number: 10-1290
Justia Opinion Summary: The trust was created by the Chapter 11 bankruptcy plan of a corporation that, from 1965 to 1981, manufactured and sold automotive products containing asbestos. Numerous suits were filed concerning those products.…
Date: July 7, 2011
Docket Number: 09-1386
Justia Opinion Summary: Defendant, known as "Motor City Mink," ran a prostitution operation that involved teen-agers. He was convicted of engaging in a child exploitation enterprise (18 U.S.C. 2252A(g)(2)), manufacturing and distributing child…
Date: July 6, 2011
Docket Number: 08-2075
Justia Opinion Summary: Almost 15 weeks after entry of a guilty plea and five days before the sentencing date, defendant, charged with possessing with intent to distribute crack cocaine and marijuana (21 U.S.C. 841(a)(1)), moved for substitute…
Date: July 6, 2011
Docket Number: 10-3010
Justia Opinion Summary: Petitioner, a native of Nigeria, entered the U.S. illegally in 1992 and married a citizen in 1995. After a child was born in 1996, he applied for adjustment of status. In 1997 he attempted to enter Canada under a false…
Date: July 6, 2011
Docket Number: 09-2499
Justia Opinion Summary: After being fired from his position as operations manager for a regional passenger airline, plaintiff sued, alleging "association discrimination" under the Americans with Disabilities Act, 42 U.S.C. 12112(b)(4).…
Date: July 6, 2011
Docket Number: 07-4479
Justia Opinion Summary: Sentenced to death for a 1992r aggravated murder, petitioner was denied habeas corpus. The Sixth Circuit affirmed. First noting that petitioner failed to timely raise the issue in state court, the court rejected a claim…
Date: July 6, 2011
Docket Number: 10-2241
Justia Opinion Summary: In 2005 plaintiff, a long-time member of the operating engineers union (Local 324), was hired as a project developer and labor consultant; he was not initially authorized to negotiate with unions or to bind the company,…
Date: July 1, 2011
Docket Number: 10-2161
Justia Opinion Summary: While pursuing a vehicle that fled from the scene of a drug raid, officers saw a 12-year-old, apparently crouched behind a car while walking the dog, and ordered him to stay put. The boy ran into a house, an officer…
Date: July 1, 2011
Docket Number: 08-1387
Date: July 1, 2011
Docket Number: 08-1389
Date: July 1, 2011
Docket Number: 08-1534
Justia Opinion Summary: Proposal 2, a successful voter-initiated amendment to the Michigan Constitution, became effective in 2006 and prohibited public colleges from granting "preferential treatment to[] any individual or group on the basis of…
Date: July 1, 2011
Docket Number: 09-1111
Date: July 1, 2011
Docket Number: 09-2126
Date: June 30, 2011
Docket Number: 09-6007
Justia Opinion Summary: Plaintiff contracted to purchase 11 Burger King restaurants. A jury found that defendant had properly terminated the agreement but had breached the duty of good faith and fair dealing, and awarded $190,907.27. Over one…
Date: June 30, 2011
Docket Number: 08-1452
Justia Opinion Summary: Three defendants, two prosecutors and the police chief, were convicted of possessing automatic weapons and making false entries on weapons application and transfer forms in violation of 28 U.S.C. 5861(d), 5861(l), and…
Date: June 30, 2011
Docket Number: 09-5570
Justia Opinion Summary: The district court denied the habeas corpus petitioner's motion for permission to amend or resubmit his prior motion for equitable relief in the form of an "independent action in equity," as provided for in Rule…
Date: June 30, 2011
Docket Number: 09-3918
Justia Opinion Summary: Defendant admitted violating the terms of his supervised release, following incarceration on charges of on the charge of conspiracy to distribute marijuana (21 U.S.C. 846), by engaging in acts of domestic violence. The…
Date: June 29, 2011
Docket Number: 08-5374
Justia Opinion Summary: Defendant, convicted as a felon in possession of a firearm (18 U.S.C. § 922(g)) appealed denial of a motion to suppress. The Sixth Circuit affirmed, holding that under the totality of the circumstances, officers’…
Date: June 29, 2011
Docket Number: 08-3258
Justia Opinion Summary: The district court denied the petitioner, facing the death penalty for murders in 1990, habeas corpus. The Sixth Circuit affirmed and denied a request to file a successive petition. Petitioner did not show that the Ohio…
Date: June 29, 2011
Docket Number: 10-2388
Justia Opinion Summary: The district court upheld the constitutionality of the Patient Protection and Affordable Care Act, 26 U.S.C. 5000 A, which, among other things, the minimum coverage provision of the Act requires all applicable…
Date: June 29, 2011
Docket Number: 10-5164
Date: June 29, 2011
Docket Number: 10-3078
Date: June 29, 2011
Docket Number: 10-3223
Date: June 29, 2011
Docket Number: 10-3282
Date: June 29, 2011
Docket Number: 10-8083
Justia Opinion Summary: The debtor was a member of an investment LLC, engaged in construction. In state court proceedings prior to the bankruptcy filing, the debtor entered a settlement agreement that included an agreement to pay the title…
Date: June 28, 2011
Docket Number: 09-5564
Date: June 28, 2011
Docket Number: 09-5564
Justia Opinion Summary: Plaintiff, the only female and the only African-American employee in a small office, alleged a sexually and racially hostile environment under the Civil Rights Act of 1964, 42 U.S.C. 2000e. The district court found that…
Date: June 28, 2011
Docket Number: 10-3358
Date: June 28, 2011
Docket Number: 10-3257
Date: June 28, 2011
Docket Number: 10-3258
Date: June 27, 2011
Docket Number: 09-5464
Justia Opinion Summary: In 1981 the petitioner killed his wife and mother-in-law. Sentenced to imprisonment for burglary and to death for the murders, he exhausted state court direct appeals. On collateral review, the death penalty was set…
Date: June 27, 2011
Docket Number: 10-1182
Justia Opinion Summary: The debtor did not pay his $2,902 bill for treatment of an infection, which was turned over to a collections agency. He made payments for several years. When the balance was at $536.35 the agency sued in Michigan court…
Date: June 24, 2011
Docket Number: 10-8050
Justia Opinion Summary: The Chapter 7 trustee sought to avoid a mortgage with respect to wife's interest in the property because the mortgage did not name or identify her in the body of the mortgage. The wife had signed the mortgage, and a…
Date: June 23, 2011
Docket Number: 10-1270
Justia Opinion Summary: In 1994 defendant entered a plea of guilty to unlawfully furnishing a controlled substance. He was sentenced to 220 days in jail and 3 years of probation. In 1998, he violated probation and was sentenced to 365 days,…
Date: June 22, 2011
Docket Number: 09-6140
Justia Opinion Summary: In 2007, plaintiff, a carpet dealer, settled state law claims against a competing dealer and a manufacturer, alleging slander and refusal to deal arising from a 1998 agreement between the defendants. The federal district…
Date: June 22, 2011
Docket Number: 09-6173
Date: June 21, 2011
Docket Number: 10-3500
Justia Opinion Summary: Workers claimed that unions breached their duty of fair representation by favoring certain skilled workers--millwrights and electricians--over machine repairmen. The district court dismissed for failure to exhaust…
Date: June 21, 2011
Docket Number: 10-5100
Justia Opinion Summary: Plaintiff alleged violation of the Robinson-Patman Act, 15 U.S.C. 13(a), prohibition on selling the same product to different buyers at different prices, by a manufacturer of mowing equipment and a distributor/retailer…
Date: June 17, 2011
Docket Number: 09-2148
Justia Opinion Summary: Defendant entered a plea of guilty to three counts sexual abuse of his minor step-daughter (18 U.S.C. 2242) in exchange for dismissal of seven other counts. The district court granted a two-level reduction for acceptance…
Date: June 17, 2011
Docket Number: 10-8060
Justia Opinion Summary: The trustee in Chapter 7 proceedings sought to avoid the mortgage, recorded in 2006, asserting that the words "see EXHIBIT A," in the spot for the legal description on the signature page did not satisfy the statutory…
Date: June 15, 2011
Docket Number: 08-4051
Justia Opinion Summary: Defendant, sitting in a parked car, was arrested on a warrant for carrying a concealed weapon. He set off the metal detector, but officers were unable to locate the source. After defendant used a toilet, officers found a…
Date: June 15, 2011
Docket Number: 10-8080
Justia Opinion Summary: When the debtors filed for Chapter 7 relief they listed the residence in which they had lived since 1995 as having fair market value of $205,000.00 with secured debt of $164,978.92. Pursuant to Ohio Revised Code…
Date: June 15, 2011
Docket Number: 10-8054
Justia Opinion Summary: The Chapter 7 debtors' federal tax return listed: withholding of $6,777; total tax liability of $2,934, a non-refundable child tax credit of $2,903, an additional child tax credit of $1,097, and a total federal tax…
Date: June 14, 2011
Docket Number: 11-1511
Justia Opinion Summary: Petitioner was awarded disability insurance benefits for a period beginning in 1983. In 2002 the Social Security Administration produced evidence he had engaged in substantial gainful employment; the Appeals Council…
Date: June 13, 2011
Docket Number: 10-3542
Justia Opinion Summary: Plaintiffs filed suit under the federal Driver’s Privacy Protection Act (DPPA), 18 U.S.C. 2721-2725, and 42 U.S.C. 1983, alleging that personal information, as defined by the DPPA, was disclosed by individual defendants…
Date: June 8, 2011
Docket Number: 03-5058
Justia Opinion Summary: The district court denied a petition for habeas corpus by the defendant, convicted and sentenced to death for the murder of a fellow inmate. The Sixth Circuit affirmed. Rejecting a claim based on trial counsel's failure…
Date: June 8, 2011
Docket Number: 09-4333
Justia Opinion Summary: Defendant, convicted of a 1984 rape and murder, was sentenced to death and exhausted state appeals. While a habeas proceeding was pending, the Ohio Supreme Court ordered the City of Cleveland to release certain documents…
Date: June 7, 2011
Docket Number: 09-1961
Justia Opinion Summary: The defendant entered a guilty plea as a felon in possession of a firearm, 18 U.S.C. 922(g), and was sentenced to 120 months incarceration. The Sixth Circuit remanded for resentencing under the Armed Career Criminal Act…
Date: June 2, 2011
Docket Number: 09-4237
Justia Opinion Summary: Mother, a native of Russia, first entered the U.S. in 1999 to seek a doctor for her son and left without seeking asylum. Mother and son returned and overstayed their visitors' visas. When the Department of Homeland…
Date: June 1, 2011
Docket Number: 09-2185
Justia Opinion Summary: After receiving assurance that her 72-acre farm operation complied with Michigan Agriculture Environmental Assurance Program cropping system requirements and with cost-effective pollution prevention practices and…
Date: June 1, 2011
Docket Number: 09-5935
Justia Opinion Summary: Responding to an assault call, Memphis police located the victim's boyfriend (defendant) near the scene with a semi-automatic pistol. Defendant claimed to have taken the gun from his girlfriend during the fight. Indicted…
Date: May 27, 2011
Docket Number: 09-2006
Justia Opinion Summary: Officers went to the house at 11:40 p.m. to execute a warrant on the son, who had failed to appear on drunk-driving charges. Waiting in a breezeway, they saw the father in the kitchen and yelled to drop the gun. The…
Date: May 27, 2011
Docket Number: 10-1013
Date: May 26, 2011
Docket Number: 08-4377
Justia Opinion Summary: Defendant, facing the death penalty, exhausted Ohio state review and was housed in a facility for prisoners with mental illnesses. He refused to meet with attorneys to discuss collateral appeal. They filed a habeas…
Date: May 26, 2011
Docket Number: 10-1746
Justia Opinion Summary: Each summer, plaintiff leads a group of Christians at the Arab International Festival with a goal of converting Muslims to Christianity. In 2009, Dearborn police instituted a restriction that prohibited leafleting from…
Date: May 25, 2011
Docket Number: 09-4085
Justia Opinion Summary: The Sixth Circuit previously reversed defendant's conviction and sentence for possession of a firearm in connection with drug trafficking, 18 U.S.C. 924(c), but affirmed other convictions and the 30-year sentence he…
Date: May 25, 2011
Docket Number: 09-4233
Justia Opinion Summary: Plaintiffs alleged that corporate officers committed securities fraud (15 U.S.C. 78j, 78t) by making false statements about about the corporation's financial health and controlled other persons regarding false statements…
Date: May 25, 2011
Docket Number: 09-4594
Date: May 24, 2011
Docket Number: 09-1925
Date: May 24, 2011
Docket Number: 09-1970
Justia Opinion Summary: The credit union provides indirect lending, which allows applicants to apply for loans at automobile dealerships. A third-party administrator compiles the applications and automatically approves low-risk loans.…
Date: May 24, 2011
Docket Number: 09-2468
Justia Opinion Summary: In 2004, defendant entered a guilty plea to possession of 7.5 grams of crack cocaine, but failed to appear for sentencing and avoided arrest for several months. The original Guideline range, 60-71 months, was increased…
Date: May 24, 2011
Docket Number: 09-6327
Justia Opinion Summary: African-Americans residing near a contaminated landfill claim that municipalities knew that well water was contaminated, warned Caucasian families and provided alternate sources of water, but did not warn…
Date: May 23, 2011
Docket Number: 08-2330
Justia Opinion Summary: An inmate at a maximum security facility brought a pro se action under 42 U.S.C. 1983, claiming that he was injured by prison guards and received inadequate treatment. The district court entered a stay of discovery,…
Date: May 23, 2011
Docket Number: 10-4011
Date: May 20, 2011
Docket Number: 09-2073
Justia Opinion Summary: Petitioner was removed from the United States in 1987, returned and served four years in the Oregon penitentiary for rape, and was deported again in 1994. He returned and used various aliases until, in 2001, after…
Date: May 20, 2011
Docket Number: 09-4312
Justia Opinion Summary: Petitioner and her son are Estonian citizens who are ethnically Russian; her husband is a Russian citizen. All three came to the United States legally and sought asylum and withholding of removal, claiming past…
Date: May 20, 2011
Docket Number: 09-4161
Justia Opinion Summary: A social worker employed by the Department was the primary case worker for plaintiff’s son, who was removed from his mother’s custody by the Department. After boy was adjudicated neglected by the juvenile court, custody…
Date: May 19, 2011
Docket Number: 08-5991
Justia Opinion Summary: The government introduced evidence of defendant's prior sale of cocaine during his trial on charges of being a felon in possession of a firearm and ammunition, (18 U.S.C. 922(g)), possession with the intent to distribute…
Date: May 19, 2011
Docket Number: 08-1156
Justia Opinion Summary: Convicted of killing a Detroit police officer in 1993 and sentenced as a habitual offender to consecutive terms of 40-80 years in prison for murder and five years for a felony firearm conviction, the defendant exhausted…
Date: May 19, 2011
Docket Number: 09-1946
Justia Opinion Summary: A member of the Keweenaw Bay Indian Community was convicted of destroying trees on the Ontonagon Reservation (18 U.S.C. 1853) and stealing tribal property for his own use (18 U.S.C. 1163). The Sixth Circuit affirmed,…
Date: May 19, 2011
Docket Number: 09-3338
Justia Opinion Summary: Husband and wife, citizens of Ukraine, entered the United States in 1994. When their visas expired they conceded removability and applied for asylum. While proceedings were pending, husband's employer filed an I-140…
Date: May 18, 2011
Docket Number: 09-6203
Justia Opinion Summary: Plaintiff, an attorney who handled Chapter 11 proceedings for a client, submitted a petition for fees after the case was converted to a Chapter 7 proceeding. The bankruptcy court denied the petition because of the…
Date: May 18, 2011
Docket Number: 11-3526
Justia Opinion Summary: Defendant, convicted of murder and aggravated murder in 1984 and scheduled to be executed on May 17, 2011, obtained a stay for additional time to prove that he is incompetent to be executed and additional time to obtain…
Date: May 17, 2011
Docket Number: 09-6322
Justia Opinion Summary: Defendant, convicted as a felon in possession of a firearm (18 U.S.C. 922(g)), argued that a prior conviction for solicitation to commit aggravated assault should not qualify as a “violent felony” under the Armed Career…
Date: May 17, 2011
Docket Number: 10-1411
Justia Opinion Summary: The defendant escaped a halfway house where he was serving time for armed robbery and was sentenced an additional 46 months in prison, to be served consecutively with his robbery sentence, with another supervised-release…
Date: May 17, 2011
Docket Number: 09-6385
Justia Opinion Summary: Plaintiff and defendant, investment trusts that specialize in healthcare-related properties, participated in a two-step auction to purchase the assets of a Canadian company. The defendant's efforts derailed. Plaintiff…
Date: May 16, 2011
Docket Number: 09-3848
Justia Opinion Summary: During 10 years in a 12-year period the defendant, an Ohio physician, filed federal income tax returns that showed she owed taxes — but she failed to pay them. The United States brought an action for judgment and to…
Date: May 16, 2011
Docket Number: 09-4533
Justia Opinion Summary: The first plaintiffs alleged that Fidelity failed to provide a discount, required by its filed rates, when issuing title insurance to homeowners who had purchased a title insurance policy for the same property from any…
Date: May 16, 2011
Docket Number: 09-2001
Justia Opinion Summary: In the first lawsuit, retirees, funded by the union, obtained a preliminary injunction preventing plaintiff from terminating their healthcare benefits. The case is still pending. In the second lawsuit, the plaintiff…
Date: May 13, 2011
Docket Number: 08-4584
Justia Opinion Summary: Petitioners, husband and wife citizens of Guatemala, were eligible for suspension of removal under the Nicaraguan Adjustment and Central American Relief Act of 1997, 111 Stat. 2160, but their lawyer never cited NACARA…
Date: May 12, 2011
Docket Number: 09-4572
Justia Opinion Summary: An underground pipeline leaked gasoline five times between 1948 and 1962. After tests revealed benzene in wells, not including the plaintiffs' well, the company conducted remediation and monitoring and purchased the…
Date: May 12, 2011
Docket Number: 09-6422
Justia Opinion Summary: The Georgia animal-rendering operation was investigated under the Clean Water Act. Felony charges were dismissed and the company entered a plea of guilty to misdemeanor negligent discharge of waste water. The EPA…
Date: May 12, 2011
Docket Number: 09-5389
Justia Opinion Summary: Defendant entered a guilty plea to knowingly receiving child pornography and knowingly possessing the same child pornography (18 U.S.C. 2252A) and was sentenced to consecutive terms of 120 and 240 months imprisonment.…
Date: May 11, 2011
Docket Number: 09-4293
Justia Opinion Summary: The defendant, convicted of conspiracy to commit bank fraud, was sentenced to one day of incarceration and three years of supervised release. Supervised release was revoked when he was convicted in state court of…
Date: May 11, 2011
Docket Number: 09-5256
Justia Opinion Summary: While serving a sentence for planting a pipe-bomb that killed his stepfather, the defendant mailed a letter containing a substance purported to be anthrax to the judge who denied his habeas corpus petition. After…
Date: May 11, 2011
Docket Number: 09-6035
Justia Opinion Summary: The defendant entered a conditional guilty plea to charges under 18 U.S.C. 2252 of possessing and receiving child pornography, then appealed denial of a motion to suppress photographs and videos that were discovered on…
Date: May 11, 2011
Docket Number: 09-3462
Justia Opinion Summary: Petitioner-Appellant Arthur Vanwinkle pled guilty to federal theft and conspiracy charges in exchange for the government dismissal of more serious offenses. The district court sentenced Petitioner to over 120 months'…
Date: May 10, 2011
Docket Number: 09-1980
Justia Opinion Summary: After being arrested and deported twice, the defendant was again arrested and entered a plea of guilty to unlawful re-entry under 8 U.S.C. 1326. The district court imposed a sentence of 96 months of incarceration; 59…
Date: May 6, 2011
Docket Number: 07-2518
Justia Opinion Summary: After accepting a conditional plea of guilty to being a felon in possession of a firearm (18 U.S.C. 922), and being sentenced to 70 months imprisonment, the defendant challenged the court’s denial of a motion to…
Date: May 5, 2011
Docket Number: 10-3283
Justia Opinion Summary: The defendant, a Mexican citizen charged with drug trafficking, money laundering, and operating a continuing criminal enterprise, made pre-trial motions to reconsider his assertion that he was a juvenile; for an order to…
Date: May 5, 2011
Docket Number: 09-2103
Justia Opinion Summary: After leaving the scene of an accident, severe enough to deploy airbags, the plaintiff was located in his vehicle under the canopy of a hospital. An officer attempted to block his vehicle, but the plaintiff attempted to…
Date: May 5, 2011
Docket Number: 09-5898
Justia Opinion Summary: The district court declared an amendment to Kentucky Revised Statutes Sect. 393.060 unconstitutional. The amendment shortens the period for presumption of abandonment on traveler’s checks from 15 to seven years,…
Date: May 5, 2011
Docket Number: 09-2323
Justia Opinion Summary: The concrete supply company claimed that the union engaged in an illegal secondary boycott (29 U.S.C. 158(b)) when it caused the company to lose a construction contract by having a sister union threaten to boycott the…
Date: May 4, 2011
Docket Number: 10-1084
Justia Opinion Summary: A continuing education student, suffering cognitive disabilities, obtained an injunction requiring the university to provide him with on-campus housing and an award of $101,676 in attorney fees. While appeal was pending,…
Date: May 3, 2011
Docket Number: 09-4431
Justia Opinion Summary: The employee failed to provide information requested to supplement his request for leave under the Family and Medical Leave Act (FMLA), exhausted his vacation time, was discharged for insubordination, and applied for…
Date: April 29, 2011
Docket Number: 08-4460
Justia Opinion Summary: Following a guilty plea to charges arising out of a 1999 armed robbery, the Ohio court sentenced the petitioner to an agreed-upon statutorily mandated term of imprisonment of at least 18 years for murder, with a firearm…
Date: April 28, 2011
Docket Number: 09-6128
Justia Opinion Summary: The government sought an injunction under the child labor provisions of the Fair Labor Standards Act of 1938, 29 U.S.C. 201-219, based on the boarding school's use of uncompensated minors in its kitchen and housekeeping…
Date: April 28, 2011
Docket Number: 08-6462
Justia Opinion Summary: The defendant, owner of a home and garden store, was convicted of selling more than 3,000 gallons of iodine “knowing, or having reasonable cause to believe,” that it would be used to manufacture methamphetamine. 21…
Date: April 27, 2011
Docket Number: 09-5749
Justia Opinion Summary: The owner of a mortgage company was sentenced to 96 months for fraud and money laundering. The Sixth Circuit affirmed, holding that the conviction was supported by substantial evidence. Evidence of a government witness's…
Date: April 27, 2011
Docket Number: 09-1192
Date: April 26, 2011
Docket Number: 09-4151
Justia Opinion Summary: The district court granted a conditional writ of habeas corpus to an inmate serving 18 years to life for complicity in a drug-related murder. The Sixth Circuit reversed. The Ohio court's determination that the inmate was…
Date: April 25, 2011
Docket Number: 08-5970
Justia Opinion Summary: Petitioner, serving 387 months for drugs and weapons offenses, filed a pro se action he characterized as habeas corpus (28 U.S.C. 2241). The district court characterized the suit as a civil rights action and dismissed…
Date: April 25, 2011
Docket Number: 10-2467
Justia Opinion Summary: The representative of the estate of a deceased individual filed a civil rights suit (42 U.S.C. 1983). The court denied the motion of another (Gresham) for joinder, amendment of the complaint to include Gresham's claims,…
Date: April 22, 2011
Docket Number: 09-5688
Justia Opinion Summary: The defendant was found not guilty by reason of insanity after being charged with 2002 bank robbery and remanded to a federal facility under 18 U.S.C. 4243. Previous conditional releases have been revoked for…
Date: April 21, 2011
Docket Number: 08-4582
Justia Opinion Summary: The plaintiff and her four-year-old daughter, Muslim U.S. citizens, were returning from Canada in 2006 when a Customs and Border Protection computer mistakenly identified them as armed and dangerous. She was handcuffed…
Date: April 21, 2011
Docket Number: 09-1802
Justia Opinion Summary: After pleading guilty to the manufacture of 1,000 or more marijuana plants, the defendant was sentenced to 180 months, based on sentencing factors set forth in 18 U.S.C. 3553. The Sixth Circuit affirmed. Noting that the…
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