6th Circuit Case Commentaries

Affirmation of the Prison Mailbox Rule: Smotherman v. United States

Date: Sep 30, 2016

Affirmation of the Prison Mailbox Rule: Smotherman v. United States Introduction United States of America v. Sontay T. Smotherman (838 F.3d 736) is a pivotal case adjudicated by the United States...

Assessment of Ineffective Assistance of Counsel in Plea Deal Negotiations: Shimel v. Warren

Date: Sep 23, 2016

Assessment of Ineffective Assistance of Counsel in Plea Deal Negotiations: Shimel v. Warren Introduction Shimel v. Warren, 838 F.3d 685 (6th Cir. 2016), presents a critical examination of the...

Crangle v. Kelly: Resetting AEDPA's Statute of Limitations through a New Judgment

Date: Sep 23, 2016

Crangle v. Kelly: Resetting AEDPA's Statute of Limitations through a New Judgment Introduction In Thomas Charles Crangle v. Bennie Kelly, 838 F.3d 673 (6th Cir. 2016), the United States Court of...

6th Circuit Requires Intermediate Scrutiny for Lifetime Firearm Bans under 18 U.S.C. § 922(g)(4)

Date: Sep 16, 2016

6th Circuit Requires Intermediate Scrutiny for Lifetime Firearm Bans under 18 U.S.C. § 922(g)(4) Introduction In the landmark case Tyler v. Hillsdale County Sheriff's Department, et al., the United...

Affirmation of Complicity in Aggravated Murder and Robbery: Gipson v. Sheldon

Date: Sep 15, 2016

Affirmation of Complicity in Aggravated Murder and Robbery: Gipson v. Sheldon Introduction In Gipson v. Sheldon, 659 F. App'x 871 (6th Cir. 2016), the United States Court of Appeals for the Sixth...

Affirmation of Summary Judgment in Gohl v. Livonia Public Schools Establishes Rigorous Standards for Disability Abuse Claims

Date: Sep 9, 2016

Affirmation of Summary Judgment in Gohl v. Livonia Public Schools Establishes Rigorous Standards for Disability Abuse Claims Introduction The case of Lauren Gohl v. Livonia Public Schools School...

Expanding Habeas Corpus Relief: Sixth Circuit Establishes §2241 as a Viable Avenue for Challenging Misapplied Sentence Enhancements in Hill v. Masters

Date: Sep 8, 2016

Expanding Habeas Corpus Relief: Sixth Circuit Establishes §2241 as a Viable Avenue for Challenging Misapplied Sentence Enhancements in Hill v. Masters Introduction The United States Court of Appeals...

Sham Affidavit Doctrine Upholds Summary Judgment in France v. Lucas

Date: Sep 8, 2016

Sham Affidavit Doctrine Upholds Summary Judgment in France v. Lucas Introduction France v. Lucas, 836 F.3d 612 (6th Cir. 2016), is a significant appellate decision from the United States Court of...

Affirmation of Disability Benefits Denial Based on Listed Impairments: R.C. Crum, Jr. v. Commissioner of Social Security

Date: Sep 3, 2016

Affirmation of Disability Benefits Denial Based on Listed Impairments: R.C. Crum, Jr. v. Commissioner of Social Security Introduction The case of R.C. Crum, Jr. v. Commissioner of Social Security...

Qualified Immunity and Newly Discovered Evidence in Wrongful Conviction: Da v. d L. Ga.

Date: Sep 2, 2016

Qualified Immunity and Newly Discovered Evidence in Wrongful Conviction: Da v. d L. Ga. Introduction Da v. d L. Ga., 835 F.3d 623 (6th Cir. 2016), addresses critical issues surrounding wrongful...

Retroactive Application of Michigan's SORA Declared Unconstitutional under the Ex Post Facto Clause

Date: Aug 26, 2016

Retroactive Application of Michigan's Sex Offender Registration Act (SORA) Declared Unconstitutional under Ex Post Facto Clause Introduction The case of John Does #1-5; Mary Doe v. Richard Snyder,...

Sixth Circuit Reinstates Bankruptcy Trustee's Fraudulent Transfer and Civil Conspiracy Claims under Ohio UFTA in In re Fair Finance Company

Date: Aug 24, 2016

Sixth Circuit Reinstates Bankruptcy Trustee's Fraudulent Transfer and Civil Conspiracy Claims under Ohio UFTA in In re Fair Finance Company Introduction The case of In re: Fair Finance Company,...

Sixth Circuit Upholds Plaintiff's Burden of Proof in Excessive Force Claims, Rejecting Dubner's Burden-Shifting Approach

Date: Aug 23, 2016

Sixth Circuit Upholds Plaintiff's Burden of Proof in Excessive Force Claims, Rejecting Dubner's Burden-Shifting Approach Introduction In the landmark case of Geraldine Burley; Caroline Burley v....

Sixth Circuit Establishes Manufacturer Liability for Electronic Communication Interception Under the Wiretap Act

Date: Aug 17, 2016

Sixth Circuit Establishes Manufacturer Liability for Electronic Communication Interception Under the Wiretap Act Introduction In the landmark case Javier Luis v. Joseph Zang et al., Awareness...

Legislative Intent and the Unmistakability Doctrine: Sixth Circuit Upholds Amendment to Pension COLA Formula

Date: Aug 16, 2016

Legislative Intent and the Unmistakability Doctrine: Sixth Circuit Upholds Amendment to Pension COLA Formula Introduction In the case of Puckett & Vance v. Lexington-Fayette Urban County Government...

Judicial Review of Reopening EEOICPA Claims: New Evidence vs. Material Error

Date: Aug 12, 2016

Judicial Review of Reopening EEOICPA Claims: New Evidence vs. Material Error Introduction The case of Clarence S. Berry v. United States Department of Labor serves as a pivotal decision in...

Affirmation of ALJ's Weighting of Treating Physician's Opinion in Disability Determinations

Date: Aug 6, 2016

Affirmation of ALJ's Weighting of Treating Physician's Opinion in Disability Determinations Introduction In the appellate case Larry Conner v. Commissioner of Social Security (658 F. App'x 248, 6th...

Abrogation of Coulter Fee Cap: Sixth Circuit Overrules Presumptive Limits on Attorneys’ Fees for Fees Awards in Civil Rights Litigation

Date: Aug 2, 2016

Abrogation of Coulter Fee Cap: Sixth Circuit Overrules Presumptive Limits on Attorneys’ Fees for Fees Awards in Civil Rights Litigation Introduction In the landmark decision The Northeast Ohio...

Assessing Credibility and Medical Evidence in Social Security Disability Claims: A Comprehensive Commentary on Dooley v. Commissioner of Social Security

Date: Jul 29, 2016

Assessing Credibility and Medical Evidence in Social Security Disability Claims: A Comprehensive Commentary on Dooley v. Commissioner of Social Security Introduction The case of Frank Dooley, Jr. v....

Public Access Prevails Over Privacy Interests in Rudd Equipment v. John Deere: 6th Circuit Sets Precedent on Court Records Sealing

Date: Jul 28, 2016

Public Access Prevails Over Privacy Interests in Rudd Equipment v. John Deere: 6th Circuit Sets Precedent on Court Records Sealing Introduction The case of Rudd Equipment Company, Inc. v. John Deere...

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