2011 Sixth Circuit US Court of Appeals Case Law
Opinions 1 - 500 of 1431
Date: December 30, 2011
Docket Number: 10-5004
Justia Opinion Summary: After officers saw him put a handgun in his waistband, defendant was arrested on the porch of a house. The officers found marijuana and cocaine on top of defendant's wallet, near where he was sitting. He pleaded guilty…
Date: December 27, 2011
Docket Number: 09-1938
Date: December 27, 2011
Docket Number: 10-1350
Date: December 23, 2011
Docket Number: 09-4528
Justia Opinion Summary: Indicted for rape of an 11-year-old, defendant was convicted of attempted rape, a second-degree felony (O.R.C. 2923.02/2907.02). At the time, statutes included a rebuttable presumption in favor of minimum sentences for…
Date: December 22, 2011
Docket Number: 08-1416
Justia Opinion Summary: Plaintiffs paid off their home mortgage early and were charged a $30 "payoff statement fee" and a $14 "recording fee" in connection with the prepayment. They challenged the fees as violations of the mortgage contract, of…
Date: December 21, 2011
Docket Number: 09-3867
Justia Opinion Summary: In 2005 defendant entered a plea of guilty to aiding and abetting possession with intent to distribute 500 grams or more of a substance containing a detectable amount of cocaine (21 U.S.C. 841(a)(1); 18 U.S.C. 2). The…
Date: December 21, 2011
Docket Number: 10-3618
Date: December 21, 2011
Docket Number: 10-5597
Date: December 20, 2011
Docket Number: 10-3034
Justia Opinion Summary: Defendant was convicted on 22 counts arising out of his involvement in the distribution of heroin over a four-year period. The district court imposed a mandatory minimum term of life imprisonment for conspiracy to…
Date: December 20, 2011
Docket Number: 10-5929
Justia Opinion Summary: Defendant sent six threatening letters to the federal district judge who had sentenced him to prison for fraudulent use of an unauthorized credit card. The unsigned letters demanded money and threatened the judge's life.…
Date: December 20, 2011
Docket Number: 10-1716
Justia Opinion Summary: Defendant pled guilty to transporting child pornography and received an 87-month prison sentence. The Sixth Circuit affirmed. The district court addressed all arguments for a lower sentence and reasonably imposed a…
Date: December 20, 2011
Docket Number: 11-3140
Justia Opinion Summary: Defendant, a sheriff's deputy, was convicted of falsifying a document (18 U.S.C. 1519), with respect to the death of a pretrial detainee. Following transport from a hospital, where the detainee had been treated for…
Date: December 19, 2011
Docket Number: 10-2696
Justia Opinion Summary: After a 911 call reporting shots fired from a yellow vehicle, police apprehended petitioner and recovered a gun from his vehicle. The defense argued that someone else placed the gun in the vehicle and falsely reported a…
Date: December 16, 2011
Docket Number: 10-1335
Justia Opinion Summary: Extinguishing a basement fire, firefighters discovered a meth lab. According to the occupant, defendant had paid to use the basement and fled when the fire started. Defendant later caused an explosion and fire in a motel…
Date: December 16, 2011
Docket Number: 10-3465
Date: December 16, 2011
Docket Number: 11-8013
Justia Opinion Summary: Debtor filed a petition under Chapter 13 of the Bankruptcy Code and, a month later, filed a Certificate of Credit Counseling stating that the counseling session was completed post-petition. At a hearing Debtor…
Date: December 15, 2011
Docket Number: 10-2031
Justia Opinion Summary: Defendant pleaded guilty to conspiracy to launder monetary instruments (18 U.S.C. 1956). The district court denied his motion to withdraw his guilty plea and sentenced him to 63 months in prison. The Sixth Circuit…
Date: December 15, 2011
Docket Number: 10-1639
Justia Opinion Summary: In 1997, at age 39, plaintiff started working as a sales associate in defendant's store. She was later promoted to a full-time supervisor position. In 2008, another employee, age 33, was promoted to assistant manager. In…
Date: December 15, 2011
Docket Number: 06-6056
Justia Opinion Summary: Defendant pleaded guilty to being a felon in possession of a firearm and the district court sentenced him to 120 months of incarceration. The Sixth Circuit rejected his claim that his prior conviction for felony escape…
Date: December 15, 2011
Docket Number: 02-5032
Justia Opinion Summary: Defendant, sentenced to death for the murder of his girlfriend and her two children in 1988, exhausted state remedies. The Supreme Court denied certiorari. The federal district court denied his petition for habeas corpus…
Date: December 15, 2011
Docket Number: 10-1708
Justia Opinion Summary: In 1979, plaintiff bought land from the Michigan State Transportation Commission. A decade later, he sued the Department of Transportation under the federal Comprehensive Environmental Response, Compensation, and…
Date: December 15, 2011
Docket Number: 10-1770
Date: December 13, 2011
Docket Number: 10-1987
Justia Opinion Summary: For about 15 years, defendant owned and operated a business that trained individuals to use the computer-aided design program CATIA, which was developed by plaintiff. Plaintiff owns the copyrights for CATIA software…
Date: December 12, 2011
Docket Number: 10-5505
Justia Opinion Summary: Debtors borrowed $157,291.77, secured by their home and took a second loan for $15,870, using their truck as security. They filed Chapter 7 bankruptcy protection and signed a reaffirmation agreement committing to pay…
Date: December 12, 2011
Docket Number: 10-3562
Date: December 12, 2011
Docket Number: 10-8074
Justia Opinion Summary: In 1999 Debtor borrowed $75,558.93 secured by a recorded mortgage lien, encumbering real property and all improvements and fixtures. The property contains a manufactured home, with a plate indicating compliance with…
Date: December 8, 2011
Docket Number: 10-1548
Justia Opinion Summary: Plaintiff was terminated from her job as a medical sales representative and filed a complaint alleging she was wrongfully discharged in violation of Michigan’s public policy because of her refusal to unlawfully promote…
Date: December 8, 2011
Docket Number: 09-3942
Justia Opinion Summary: After state court rejected his challenge to the constitutionality of the law, defendant pled no contest to sexual battery for engaging in sexual conduct by means of sexual intercourse with his 22-year-old stepdaughter,…
Date: December 7, 2011
Docket Number: 10-1901
Justia Opinion Summary: Defendant agreed to plead guilty to three of 26 counts charged two counts of felon-in-possession of a firearm and distribution of more than five grams of crack cocaine. He waived any right to appeal, if his sentence was…
Date: December 6, 2011
Docket Number: 10-1663
Justia Opinion Summary: Secret Service agents staked out plaintiff's home to execute an arrest warrant for her boyfriend. After seeing the boyfriend outside the house, officer knocked. When he answered the door he was cuffed and taken to a…
Date: December 6, 2011
Docket Number: 10-3766
Justia Opinion Summary: The city disbanded its dive team because of budget cuts, after which two children drowned. Plaintiff, a fire department employee and member of the disbanded dive team, spoke at a city council meeting, indicating that the…
Date: December 5, 2011
Docket Number: 10-5323
Date: December 5, 2011
Docket Number: 11-8032
Justia Opinion Summary: In 2008 debtor purchased a 2003 auto, financed the purchase, and granted the dealership a security interest that was transferred to a finance company and noted on the title. The security interest was later transferred to…
Date: December 2, 2011
Docket Number: 09-6453
Justia Opinion Summary: Police seized defendant's computer and found that he had exchanged child pornography with 49 people, more than 1,000 photos and videos containing child pornography, some involving children as young as four years, and a…
Date: December 1, 2011
Docket Number: 10-1898
Justia Opinion Summary: Defendant was convicted of conspiracy to distribute five kilograms or more of cocaine and sentenced to 136 months of imprisonment. The Sixth Circuit affirmed. Conspiracy can be inferred from repeated purchases of large…
Date: November 30, 2011
Docket Number: 09-5903
Justia Opinion Summary: When defendant was indicted in Tennessee in 2005 for conspiracy to distribute 500 grams or more of methamphetamine (21 U.S.C. 846, 841(b)(1)(A)) he was in custody in Georgia on unrelated charges. The government obtained…
Date: November 30, 2011
Docket Number: 09-3372
Justia Opinion Summary: Defendant, convicted of several felony offenses in state court and sentenced to a maximum term of 27 years, exhausted state court appeals and filed a petition for habeas corpus in federal district court five days after…
Date: November 30, 2011
Docket Number: 10-3422
Justia Opinion Summary: Plaintiff is a non-profit, member-owned, water company serving rural areas of Ross County, Ohio. To finance its system, plaintiff borrowed nearly $10.6 million from the USDA. The disputed area of the county includes…
Date: November 30, 2011
Docket Number: 11-8012
Justia Opinion Summary: From 2005 to 2008, debtor, the owner of Waffle House Ffranchises, periodically failed to make all federal income tax withholding, social security, and unemployment payments due to the IRS and to timely file returns. The…
Date: November 28, 2011
Docket Number: 09-1522
Justia Opinion Summary: Defendant was convicted of intentional murder and of possession of a firearm at the time of the commission of a felony. At sentencing, counsel expressed that defendant, due to long term mental illness, was not…
Date: November 28, 2011
Docket Number: 08-4735
Date: November 28, 2011
Docket Number: 09-3091
Date: November 28, 2011
Docket Number: 09-3092
Date: November 28, 2011
Docket Number: 09-3304
Date: November 28, 2011
Docket Number: 09-3307
Date: November 28, 2011
Docket Number: 10-1481
Date: November 23, 2011
Docket Number: 08-3249
Justia Opinion Summary: Petitioner was convicted of murder and sentenced to death. After Ohio courts denied appellate and post-conviction relief, the federal district court denied all 47 claims of error in a petition for habeas corpus. The…
Date: November 22, 2011
Docket Number: 11-5663
Justia Opinion Summary: After receiving information from a confidential informant concerning cocaine sales, officers obtained a warrant that specified the apartment, the items to be searched for, and a description of a man known as "Little…
Date: November 22, 2011
Docket Number: 10-3336
Justia Opinion Summary: Defendant pleaded guilty to possession with intent to distribute more than 50 grams of cocaine base (21 U.S.C. 841(a)(1), (b)(1)(A)) and possession of a firearm in furtherance of a drug trafficking offense (18 U.S.C.…
Date: November 21, 2011
Docket Number: 09-6072
Justia Opinion Summary: Hit by a vehicle in 2004, plaintiff had medical bills of $82,036 that were paid in full by Medicare. The owner of the vehicle settled with plaintiff for $125,000. Medicare sought reimbursement of $62,338 under 42 U.S.C.…
Date: November 18, 2011
Docket Number: 10-2455
Justia Opinion Summary: Plaintiff was arrested for resisting arrest and was held overnight. Charges were later dropped. Plaintiff's account of the incident is very different from the description given by police. The district court granted…
Date: November 17, 2011
Docket Number: 10-5417
Justia Opinion Summary: Defendant pled guilty as a felon in possession of a firearm, 18 U.S.C. 922(g),and was sentenced to 180 months, the minimum under the Armed Career Criminal Act, 18 U.S.C. 924(e)(2)(B), based on two Tennessee convictions…
Date: November 17, 2011
Docket Number: 10-1678
Date: November 15, 2011
Docket Number: 08-3522
Justia Opinion Summary: Convicted of aggravated murder and sentenced to death in 1983, petitioner exhausted Ohio state appeals and collateral attack. After dismissing his first habeas corpus petition, the federal district court granted…
Date: November 15, 2011
Docket Number: 10-3267
Date: November 15, 2011
Docket Number: 10-2072
Date: November 10, 2011
Docket Number: 10-3211
Justia Opinion Summary: Two members of a program advertised as providing healthcare discounts to consumers sued, seeking to represent a class of 30,850. They claimed violations of the Ohio Consumer Sales Practices Act as well as Ohio’s common…
Date: November 10, 2011
Docket Number: 10-3475
Date: November 9, 2011
Docket Number: 11-4142
Justia Opinion Summary: Petitioner murdered his three sons as they slept in their home, two days after his wife served him with divorce papers. An Ohio court sentenced him to death. His appeals and collateral challenges in state court were…
Date: November 8, 2011
Docket Number: 10-1128
Justia Opinion Summary: During an investigation of home invasions, officers were told that plaintiff's boyfriend was a participant and that property had been taken to plaintiff's apartment. Officers executed a no-knock search. Plaintiff filed…
Date: November 8, 2011
Docket Number: 09-4031
Justia Opinion Summary: A citizen of Côte d’Ivoire, charged with removability as an alien present without having been admitted or paroled, applied for asylum, withholding of removal, Convention Against Torture protection, and cancellation of…
Date: November 8, 2011
Docket Number: 10-5699
Justia Opinion Summary: Plaintiffs bred their dogs to each other and advertised 11 puppies for sale. Undercover animal services officers visited on the pretense of interest in the puppies. Without a warrant or consent, officers re-entered the…
Date: October 25, 2011
Docket Number: 10-5102
Justia Opinion Summary: After spotting defendant walking at 2:30 a.m. in an area that generates narcotics complaints, an officer ordered him to stop. He complied. Because defendant seemed nervous and was shaking, the officer frisked him and…
Date: October 24, 2011
Docket Number: 08-6503
Justia Opinion Summary: Defendant, convicted on 11 child-pornography related offenses )18 U.S.C. 2251(a) and (d)(1)(A); 18 U.S.C. 2252A(a)(1), (a)(5)(B), and (b)(1) and 18 U.S.C. 2257(f)(4)), was sentenced to 16 years in prison followed by…
Date: October 24, 2011
Docket Number: 10-1583
Justia Opinion Summary: Petitioner was charged with first degree murder. During jury selection, in Michigan state court, defense counsel objected that the prosecution was attempting to exclude black jurors, particularly black men. The trial…
Date: October 21, 2011
Docket Number: 09-5790
Justia Opinion Summary: A former police officer, fired in 2004, was found guilty as the primary conspirator on 44 counts, including violations of 18 U.S.C. 241 (conspiracy to deprive another of their civil rights under the color of law), 242…
Date: October 11, 2011
Docket Number: 10-4542
Date: October 5, 2011
Docket Number: 10-3896
Justia Opinion Summary: Petitioner, a citizen of Trinidad, entered the U.S. at age 16, for a 1987 track competition and remained beyond expiration of her visa. Before college, she was involved in a scheme in which a U.S. citizen, received money…
Date: October 5, 2011
Docket Number: 11-8011
Justia Opinion Summary: Debtor owned one parcel in Wisconsin and three in Michigan. Permanently disabled and unemployed, he obtained and defaulted on mortgages. The bank began foreclosure. Debtor sold one Michigan property and gave all proceeds…
Date: October 4, 2011
Docket Number: 03-4207
Justia Opinion Summary: Petitioner was convicted of murder in connection with a homosexual encounter and sentenced to death in the 1980s. Ohio courts denied relief. After several remands by the Sixth Circuit, the Supreme Court held that defense…
Date: October 3, 2011
Docket Number: 08-1291
Justia Opinion Summary: Petitioner, convicted in Michigan of aiding and abetting a carjacking and of receiving and concealing stolen property, exhausted state appeals and sought a writ of habeas corpus in federal court (28 U.S.C. 2254). The…
Date: September 29, 2011
Docket Number: 10-1553
Justia Opinion Summary: Plaintiff alleges that his former employer and two police officers conspired to bring false charges against him and unlawfully seize him in order to have him sent back to prison on a supervised-release violation by…
Date: September 29, 2011
Docket Number: 10-3447
Date: September 29, 2011
Docket Number: 10-8075
Justia Opinion Summary: The debtor filed a voluntary petition under Chapter 11. Prior to expiration of the 120-day deadline to assume or reject nonresidential real property leases provided for under 11 U.S.C. 365, debtor obtained a 90-day…
Date: September 28, 2011
Docket Number: 09-5670
Justia Opinion Summary: Plaintiff, a pipefitter, worked with asbestos-containing gaskets made by defendant from 1962 until 1970. From 1962 until 1975, he also sustained significant exposure to asbestos insulation. He died in 2008, of…
Date: September 27, 2011
Docket Number: 09-2575
Justia Opinion Summary: Indicted for conspiring to possess with intent to distribute over 1 kilogram of cocaine base and over 100 grams of powder cocaine, defendant entered a plea agreement that stipulated to 180 months of imprisonment. The…
Date: September 23, 2011
Docket Number: 09-6175
Justia Opinion Summary: Pleased with the results of their first collaboration, the author and musician co-authored and recorded a second song. The relationship collapsed and the musician signed as a recording artist with unrelated recording and…
Date: September 23, 2011
Docket Number: 10-3151
Justia Opinion Summary: In 1992 a brokerage firm established a nonqualified defined benefit plan for a select group of highly compensated executives. The plan contains provisions that, if triggered, result in discontinuance of payments and…
Date: September 22, 2011
Docket Number: 09-5509
Justia Opinion Summary: Plaintiffs developed tardive dyskinesia as a result of use of generic metoclopramide, a drug prescribed for treatment of gastroesophageal reflux disease. They filed individual suits against manufacturers, alleging…
Date: September 22, 2011
Docket Number: 09-4309
Justia Opinion Summary: Plaintiff suffered a back injury in a work-related vehicle accident in 1994, developed depression, then sought social security disability benefits. The Commissioner of Social Security adjudged him not to be disabled for…
Date: September 21, 2011
Docket Number: 09-5823
Justia Opinion Summary: Based on a 1997 killing, defendant pled guilty to conspiracy to distribute cocaine and crack and to intentionally kill one or more persons in furtherance of a continuing criminal enterprise, preserving the right to…
Date: September 20, 2011
Docket Number: 09-1073
Justia Opinion Summary: In 2001, petitioner was convicted of criminal sexual conduct. Following his arrest, while on bond for that charge, he was arrested for possession with intent to deliver cocaine. He was convicted of that offense as well.…
Date: September 16, 2011
Docket Number: 09-2301
Justia Opinion Summary: Petitioner, 16 years old at the time, was charged with first-degree murder and firearm possession during a felony after admitting that he was present at the scene of the 1984 murder. The juvenile court waived…
Date: September 15, 2011
Docket Number: 10-1205
Date: September 14, 2011
Docket Number: 09-3231
Justia Opinion Summary: Defendant pled guilty to a three-count indictment charging him with receipt of visual depictions of minors engaged in sexually explicit conduct, receipt and/or distribution of child pornography, and possession of child…
Date: September 14, 2011
Docket Number: 09-6178
Justia Opinion Summary: The 2003 incident started with the mayor calling police to complain about children running through yards. Plaintiff, mother of one of the boys, claims that the officer became angry, blocked her from her house, knocked…
Date: September 13, 2011
Docket Number: 09-3472
Justia Opinion Summary: In 1994 the then-18-year-old petitioner robbed a liquor store with a 14-year-old accomplice. Both wore masks. The security camera captured petitioner shooting and killing the owner, who did not resist. After a tracking…
Date: September 12, 2011
Docket Number: 09-6400
Justia Opinion Summary: Defendant was convicted of bank fraud (18 U.S.C. 1344) and wire fraud (18 U.S.C. 1343), based a scheme to acquire a house for $1.4 million, intending to resell for a profit. The purchase involved recruiting a third-party…
Date: September 12, 2011
Docket Number: 10-4358
Justia Opinion Summary: Wife noticed her 72-year-old husband acting strangely and, fearing a stroke, called 911. When paramedics responded, husband refused to cooperate, demanding that they leave and threatening to retrieve a firearm. The…
Date: September 9, 2011
Docket Number: 09-4460
Justia Opinion Summary: Employee injured her wrist as a result of an equipment malfunction while performing her job and was sent to the hospital, where she was tested for drugs in accordance with a drug policy negotiated as part of a …
Date: September 9, 2011
Docket Number: 08-5561
Date: September 9, 2011
Docket Number: 10-5060
Date: September 8, 2011
Docket Number: 09-4548
Justia Opinion Summary: Following a 2007 train derailment and three-day fire that allegedly exposed a small Ohio town to cancer-causing agents, plaintiffs sought damages on behalf of a putative class. Plaintiffs' expert testified that the…
Date: September 8, 2011
Docket Number: 09-6265
Justia Opinion Summary: Plaintiffs held shares in three mutual funds issued by an open-end investment company (15 U.S.C. 80a-5(a)(1)). The shares were "redeemable securities," entitling the holders to redemption at any time for their…
Date: September 8, 2011
Docket Number: 09-3894
Justia Opinion Summary: A citizen of Canada, admitted in 1963 as a lawful permanent resident, has held academic positions at universities. In 1983, he was convicted of larceny and of taking money under false pretenses. In 1984, he was convicted…
Date: September 8, 2011
Docket Number: 09-4369
Justia Opinion Summary: Husband learned of a problem on the school bus involving his 10-year-old daughter. He and his wife went to the bus stop, where they saw police cars and a school bus. They could not see their daughter, but saw their son…
Date: September 7, 2011
Docket Number: 08-3249
Justia Opinion Summary: Petitioner was convicted of a murder, committed to prevent testimony in a criminal case, and was sentenced to death. After Ohio courts denied appellate and post-conviction relief, the federal district court denied 47…
Date: September 7, 2011
Docket Number: 09-3920
Date: September 6, 2011
Docket Number: 09-2117
Justia Opinion Summary: Plaintiffs have filed several lawsuits in the past ten years, asserting ownership of mines in Indonesia. Each suit was rejected and sanctions were imposed on plaintiffs in two prior suits. The present suit alleges false…
Date: September 6, 2011
Docket Number: 09-2570
Date: September 6, 2011
Docket Number: 10-1477
Date: September 6, 2011
Docket Number: 10-1837
Date: September 2, 2011
Docket Number: 09-3831
Justia Opinion Summary: In 1996, an immigration judge ordered petitioner deported unless he voluntarily left the U.S. In 2009 he was detained and sought a stay of removal, claiming he had departed before the 1996 voluntary-departure deadline,…
Date: September 2, 2011
Docket Number: 09-6121
Justia Opinion Summary: Patient, insured by defendant, diagnosed with end-stage renal disease, and received dialysis at plaintiff's center. Three months after diagnosis, she became entitled to Medicare benefits (42 U.S.C. 426-1). Her plan…
Date: September 2, 2011
Docket Number: 09-6169
Date: September 2, 2011
Docket Number: 10-6274
Justia Opinion Summary: A state court issued a judgment in forcible detainer and a notice of eviction, which was executed by defendants. Although the warrant did not mention personal property, the landlord and county attorney advised the…
Date: September 2, 2011
Docket Number: 10-1198
Justia Opinion Summary: Petitioner, convicted of the first degree murder and possession of a firearm in the commission of a felony, unsuccessfully sought a writ of habeas corpus (28 U.S.C. 2254), arguing that counsel provided ineffective…
Date: September 2, 2011
Docket Number: 07-4471
Justia Opinion Summary: Petitioner, arrested for rape on July 6, 2001, was not tried until February, 2003 because of continuances and motions by both parties and the court, some of which concerned DNA testing and unavailability of a defense…
Date: September 2, 2011
Docket Number: 10-3055
Justia Opinion Summary: Plaintiff became a firefighter-member in the department in 1991 and also became an administrative assistant in 1997. She alleges that defendant, fire chief until 2005, subjected her to unwanted sexual advances and verbal…
Date: August 31, 2011
Docket Number: 10-3200
Justia Opinion Summary: A 66-year -old arrived at petitioner's center with complex ailments, but oriented, able to feed herself and able to speak. During her 18 days at the center, she was sent to the hospital twice with serious medical…
Date: August 31, 2011
Docket Number: 10-1222
Date: August 30, 2011
Docket Number: 09-2045
Justia Opinion Summary: Plaintiff, a witness in a gang-related racketeering case, was detained for 12 days, based on the prosecutor's representation to the trial court that plaintiff was unwilling to testify. She was not given an opportunity…
Date: August 30, 2011
Docket Number: 10-1474
Justia Opinion Summary: Plaintiff was hired as a nurse by defendant in October 2006, had to take leave for cancer treatment, then was informed that she had been terminated on December 12, 2006 because she did not have "any accrued PTO time or…
Date: August 30, 2011
Docket Number: 10-3390
Justia Opinion Summary: Plaintiff claimed that defendants placed 33 unsolicited telemarketing calls to his home over a three-month period in 2008, in violation of the Telephone Consumer Protection Act, 47 U.S.C. 227, and the Ohio Consumer Sales…
Date: August 29, 2011
Docket Number: 09-4453
Justia Opinion Summary: A native of Algeria and a native of Lebanon and his family were denied asylum, withholding of removal, and protection under the Convention Against Torture. The Board of Immigration Appeals affirmed and granted voluntary.…
Date: August 29, 2011
Docket Number: 09-6461
Justia Opinion Summary: After receiving an anonymous tip, police went to the home of defendant's mother-in-law, where defendant was staying, for a "knock and talk." Defendant, who stays at the house intermittently, objected to a search, during…
Date: August 29, 2011
Docket Number: 10-3247
Justia Opinion Summary: In 1988 defendant was convicted of aggravated murder, aggravated felony murder, kidnapping, and aggravated burglary, and sentenced to death. A federal district court concluded that the prosecution had failed to disclose…
Date: August 29, 2011
Docket Number: 10-3524
Date: August 26, 2011
Docket Number: 09-6383
Date: August 26, 2011
Docket Number: 09-6464
Justia Opinion Summary: A Caucasian high school football player (H) accidentally hit an African-American team member (D) with his car, causing D to suffer a sprained ankle. H got out and apologized. D threatened to kill him. The principal had…
Date: August 26, 2011
Docket Number: 09-2464
Justia Opinion Summary: Plaintiff sued the bank after it refused to honor cashier's checks it thought he had obtained by fraud. One check, for $100,000, had previously bounced, another was a starter check for $80,000 and was dated five months…
Date: August 26, 2011
Docket Number: 09-6481
Justia Opinion Summary: Plaintiff's claims against her landlord, on behalf of her children, alleged violations of the disclosure requirements contained in the Residential Lead-Based Paint Hazard Reduction Act of 1992, 42 U.S.C. 4851-4856. The…
Date: August 26, 2011
Docket Number: 10-5580
Justia Opinion Summary: Plaintiff filed a voluntary Chapter 13 bankruptcy petition and successfully sought to avoid a lien on her manufactured home held by defendant. The Bankruptcy Appellate Panel and Sixth Circuit affirmed. The mortgage did…
Date: August 26, 2011
Docket Number: 10-3643
Date: August 25, 2011
Docket Number: 08-4218
Justia Opinion Summary: Defendant was convicted of obstruction of justice, witness tampering, and conspiracy and sentenced to 120 months in prison and payment of fines and assessments. In a separate trial he was convicted of conspiracy to…
Date: August 25, 2011
Docket Number: 09-4403
Justia Opinion Summary: The owners bought property in 1995 and live there with their daughter. It is under the flight paths of runways of the Cleveland Hopkins International Airport. In 2002, the owners filed a class-action mandamus action,…
Date: August 25, 2011
Docket Number: 08-4100
Justia Opinion Summary: Petitioner was convicted of murdering a man and raping his daughter, setting their house on fire, and related offenses. At the mitigation hearing, his parents testified about an unpleasant childhood, but defense counsel…
Date: August 25, 2011
Docket Number: 09-5783
Justia Opinion Summary: Police investigated an airplane landing at an unstaffed airport in Jackson, Tennessee at 9:00 p.m., approached the plane, and asked three occupants for identification. A warrant check came up clean. The officers…
Date: August 24, 2011
Docket Number: 09-3702
Justia Opinion Summary: Larry Gibbs was convicted of conspiracy to distribute heroin and was sentenced as a career offender to thirty years' imprisonment. Later, Gibbs filed a petition for a writ of habeas corpus on the grounds that a prior…
Date: August 24, 2011
Docket Number: 10-3205
Justia Opinion Summary: Keahmbi Coleman pleaded guilty to being a felon in possession of a firearm. The district court imposed an enhanced sentence under the Armed Career Criminal Act (ACCA) based on Coleman's three prior Ohio convictions for…
Date: August 24, 2011
Docket Number: 09-3999
Justia Opinion Summary: Plaintiffs Carol Metz and others filed a putative class action against fifty-five banks, including Fifth Third. The claims arose out of a Ponzi scheme involving bogus promissory notes. Five months later, attorney Daniel…
Date: August 24, 2011
Docket Number: 09-6367
Date: August 24, 2011
Docket Number: 10-5362
Date: August 23, 2011
Docket Number: 10-1494
Justia Opinion Summary: Doctors filed suit, alleging violations of the False Claims Act, 31 U.S.C. 3279 and the Michigan Medicaid False Claim Act, as qui tam relators on behalf of the United States/ The claimed that the business defrauded the…
Date: August 23, 2011
Docket Number: 09-3660
Justia Opinion Summary: Defendant, convicted of obstruction of justice, witness tampering, and conspiracy, in connection with offering a bribe for favorable testimony in a business fraud case, was sentenced to 84 months' imprisonment. The Sixth…
Date: August 23, 2011
Docket Number: 10-3446
Date: August 23, 2011
Docket Number: 10-5446
Date: August 22, 2011
Docket Number: 07-3882
Justia Opinion Summary: Petitioner, convicted of 1986 Ohio murders and sentenced to death, obtained a writ of habeas corpus pursuant to 28 U.S.C. 2254 on the ground that an exculpatory pretrial police report, in which witnesses claimed to have…
Date: August 22, 2011
Docket Number: 09-5949
Justia Opinion Summary: The executor of the estate's suit under 42 U.S.C. 1983 claims that decedent was killed while riding a motorcycle across an empty field, in the middle of the night, after a low-speed chase, when a deputy intentionally…
Date: August 19, 2011
Docket Number: 09-3751
Justia Opinion Summary: In 1991, Carpenter pled guilty to aggravated theft and bank fraud. He served jail time and was disbarred. Between 1998 and 2000, he ran a Ponzi scheme, selling investments in sham companies, promising a guaranteed…
Date: August 19, 2011
Docket Number: 10-1669
Justia Opinion Summary: In 2005 petitioner was convicted, under Michigan law, of felony murder for his role in the robbery, fire, and homicide at a gun shop. He had initially invoked his right to counsel, after which an officer made a remark…
Date: August 18, 2011
Docket Number: 10-1209
Justia Opinion Summary: The Medicare program pays teaching hospitals to cover "direct" and "indirect costs of medical education," 42 U.S.C. 1395ww(d)(5)(B), (h). Direct costs include expenses such as residents' salaries. Indirect costs are…
Date: August 18, 2011
Docket Number: 09-3790
Justia Opinion Summary: Plaintiff a law school faculty member living in Ohio, contracted with defendant (Nevada corporation, doing business in California) for publication of his manuscript, giving a Virginia address. Based on delays in…
Date: August 17, 2011
Docket Number: 10-5161
Justia Opinion Summary: Following their termination from appointed county positions, plaintiffs brought suit under 42 U.S.C. 1983, alleging that they were terminated without due process of law. The positions were "unclassified" and not…
Date: August 17, 2011
Docket Number: 09-5307
Justia Opinion Summary: Petitioner, convicted in 1987 of first-degree murder, assault with intent to commit first-degree murder, and armed robbery, was denied habeas corpus relief and filed a motion for relief under Rule 60(b). After several…
Date: August 16, 2011
Docket Number: 10-3171
Justia Opinion Summary: In 1993, the FAA decided to privatize all Level I air traffic control towers. About 1500 controllers were forced to leave the field, be trained to operate higher level towers, or secure employment with the private…
Date: August 16, 2011
Docket Number: 09-6123
Justia Opinion Summary: Defendant was discharged from the U.S. Army due to a personality disorder. He was later charged under the Military Extraterritorial Jurisdiction Act, 18 U.S.C. 3261(a), and sentenced, by a federal district court, to…
Date: August 15, 2011
Docket Number: 09-2624
Justia Opinion Summary: Defendant entered a plea of guilty to charges of conspiracy to distribute the drug ecstacy, (21 U.S.C. 841(a)(1) and 846) and, after the court granted a 24-month downward variance for his cooperation with the government,…
Date: August 12, 2011
Docket Number: 09-1425
Justia Opinion Summary: Prior to defendant's trial for shipping telecommunications and navigation equipment to Iraq, in violation of an embargo (Executive Order 12722) and the International Emergency Economic Powers Act, the district court…
Date: August 12, 2011
Docket Number: 07-5947
Justia Opinion Summary: The government appealed the district court's decision not to apply a 15-year mandatory minimum sentence under 18 U.S.C. 2252A(b)(1) following defendant's guilty plea for receipt and possession of child pornography. The…
Date: August 12, 2011
Docket Number: 09-1433
Justia Opinion Summary: After exhausting state appeals from his conviction for crimes including felony murder, defendant unsuccessfully petitioned the district court for habeas corpus. The Sixth Circuit affirmed the denial. A claim that…
Date: August 12, 2011
Docket Number: 08-3247
Justia Opinion Summary: The district court denied a petition for a writ of habeas corpus (28 U.S.C. 2254) by an Ohio death row prisoner, convicted of two 1992 murders. The Sixth Circuit affirmed, first rejecting a claim that he could not make a…
Date: August 12, 2011
Docket Number: 09-4445
Justia Opinion Summary: Petitioner and her daughter illegally entered the U.S. in 2002, from Colombia. They applied for asylum in 2006 and sought withholding of removal and relief under the Convention Against Torture. An Immigration Judge…
Date: August 12, 2011
Docket Number: 09-2607
Justia Opinion Summary: The district court certified a class action and a proposed class in an action under the Employee Retirement Income Security Act, 29 U.S.C. 1001. The suit claimed that Blue Cross breached its fiduciary duty by imposing…
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