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  • Commentaries
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6th Circuit Case Commentaries

Rule 16(a)(1)(G) Compliance and Prosecutorial Misconduct: An Analysis of United States v. Davis

Rule 16(a)(1)(G) Compliance and Prosecutorial Misconduct: An Analysis of United States v. Davis

Date: Jan 31, 2008
Rule 16(a)(1)(G) Compliance and Prosecutorial Misconduct: An Analysis of United States v. Davis Introduction In United States v. Melvin E. Davis, the United States Court of Appeals for the Sixth...
Affirmation of Denied Habeas Corpus in Wilson v. Parker: Implications for Right to Counsel and Procedural Standards

Affirmation of Denied Habeas Corpus in Wilson v. Parker: Implications for Right to Counsel and Procedural Standards

Date: Jan 30, 2008
Affirmation of Denied Habeas Corpus in Wilson v. Parker: Implications for Right to Counsel and Procedural Standards Introduction Gregory Wilson, the petitioner-appellant, challenged the denial of his...
Sixth Circuit Upholds Enhanced Sentencing in Child Pornography Offenses: Vowell & Pratt v. U.S.

Sixth Circuit Upholds Enhanced Sentencing in Child Pornography Offenses: Vowell & Pratt v. U.S.

Date: Jan 30, 2008
Sixth Circuit Upholds Enhanced Sentencing in Child Pornography Offenses: Vowell & Pratt v. U.S. Introduction The case of United States v. Walter Franklin Vowell and Katherine Sue Pratt (Nos. 06-5742,...
Affirmation of Habeas Corpus Denial: Evaluating Ineffective Assistance of Counsel Claims in Death Penalty Proceedings

Affirmation of Habeas Corpus Denial: Evaluating Ineffective Assistance of Counsel Claims in Death Penalty Proceedings

Date: Jan 26, 2008
Affirmation of Habeas Corpus Denial: Evaluating Ineffective Assistance of Counsel Claims in Death Penalty Proceedings Introduction In the case of John Fautenberry v. Betty Mitchell (515 F.3d 614,...
Broadspire's Arbitrariness in Disability Benefit Denial: A New Precedent under ERISA

Broadspire's Arbitrariness in Disability Benefit Denial: A New Precedent under ERISA

Date: Jan 24, 2008
Broadspire's Arbitrariness in Disability Benefit Denial: A New Precedent under ERISA Introduction In the case of Adrienne Bennett v. Kemper National Services, Inc., the United States Court of Appeals...
Protected Parental Speech in First Amendment Retaliation Claims: Insights from Jenkins v. Evans

Protected Parental Speech in First Amendment Retaliation Claims: Insights from Jenkins v. Evans

Date: Jan 18, 2008
Protected Parental Speech in First Amendment Retaliation Claims: Insights from Jenkins v. Evans Introduction The case of Shara Jenkins and Brenda Mulkey versus the Rock Hill Local School District and...
Swafford v. United States: Guidelines for Conspiracy Variances and Avoiding Multiplicity under Double Jeopardy

Swafford v. United States: Guidelines for Conspiracy Variances and Avoiding Multiplicity under Double Jeopardy

Date: Jan 18, 2008
Swafford v. United States: Guidelines for Conspiracy Variances and Avoiding Multiplicity under Double Jeopardy Introduction In United States v. Joseph Swafford, the United States Court of Appeals for...
Sixth Circuit Affirms Scope of Employment Limits Insurance Coverage for Employee Misconduct

Sixth Circuit Affirms Scope of Employment Limits Insurance Coverage for Employee Misconduct

Date: Jan 17, 2008
Sixth Circuit Affirms Scope of Employment Limits Insurance Coverage for Employee Misconduct Introduction In the case of Scottsdale Insurance Company v. Norman Flowers, Kathleen Burke, the United...
Affirmation of Health Care Fraud Conviction: Standards for Prosecutorial Vindictiveness, Consent to Warrantless Searches, and Admissibility of Business Records

Affirmation of Health Care Fraud Conviction: Standards for Prosecutorial Vindictiveness, Consent to Warrantless Searches, and Admissibility of Business Records

Date: Jan 17, 2008
Affirmation of Health Care Fraud Conviction: Standards for Prosecutorial Vindictiveness, Consent to Warrantless Searches, and Admissibility of Business Records Introduction The case of United States...
Withholding of Removal and CAT Protection: The Kanoute Precedent

Withholding of Removal and CAT Protection: The Kanoute Precedent

Date: Jan 17, 2008
Withholding of Removal and CAT Protection: The Kanoute Precedent Introduction The case of Amadou Modibo Kanoute v. Michael Mukasey, Attorney General of the United States (259 F. App'x 847, 6th Cir....
Substantial Evidence Upholds Disability Denial in Rose Vance v. Commissioner of Social Security

Substantial Evidence Upholds Disability Denial in Rose Vance v. Commissioner of Social Security

Date: Jan 16, 2008
Substantial Evidence Upholds Disability Denial in Rose Vance v. Commissioner of Social Security Introduction Rose Vance, the plaintiff-appellant, sought Social Security Disability benefits due to...
Sixth Circuit Affirms 104-Year Sentence: Proportionality and Double Jeopardy Considerations Under AEDPA

Sixth Circuit Affirms 104-Year Sentence: Proportionality and Double Jeopardy Considerations Under AEDPA

Date: Jan 16, 2008
Sixth Circuit Affirms 104-Year Sentence: Proportionality and Double Jeopardy Considerations Under AEDPA Introduction Johnny Cowherd v. George Million is a significant case adjudicated by the United...
Establishing Limits of Supplemental Jurisdiction in Third-Party Claims Post-Settlement: American Zurich v. Cooper Tire

Establishing Limits of Supplemental Jurisdiction in Third-Party Claims Post-Settlement: American Zurich v. Cooper Tire

Date: Jan 16, 2008
Establishing Limits of Supplemental Jurisdiction in Third-Party Claims Post-Settlement: American Zurich v. Cooper Tire Introduction American Zurich Insurance Company v. Cooper Tire Rubber Company,...
Ziegler v. Aukerman: Defining the Essential Elements of 42 U.S.C. § 1983 and Probable Cause in Mental Health Seizures

Ziegler v. Aukerman: Defining the Essential Elements of 42 U.S.C. § 1983 and Probable Cause in Mental Health Seizures

Date: Jan 15, 2008
Ziegler v. Aukerman: Defining the Essential Elements of 42 U.S.C. § 1983 and Probable Cause in Mental Health Seizures Introduction Susan Ziegler filed a civil rights lawsuit against several...
Videoconferencing in Parole Revocation Hearings: Affirmation of Due Process and Confrontation Clause Compliance

Videoconferencing in Parole Revocation Hearings: Affirmation of Due Process and Confrontation Clause Compliance

Date: Jan 15, 2008
Videoconferencing in Parole Revocation Hearings: Affirmation of Due Process and Confrontation Clause Compliance Introduction The case of Randolph Wilkins v. Deb Timmerman-Cooper, adjudicated by the...
Limiting Prosecutorial Immunity and Enhancing Accountability in Defamation and Retaliation Claims: Analysis of Harris v. Spies Bornhorst

Limiting Prosecutorial Immunity and Enhancing Accountability in Defamation and Retaliation Claims: Analysis of Harris v. Spies Bornhorst

Date: Jan 15, 2008
Limiting Prosecutorial Immunity and Enhancing Accountability in Defamation and Retaliation Claims: Analysis of Harris v. Spies Bornhorst Introduction The case of Anthony Harris v. Amanda Spies...
Enhancing Jurisdictional Thresholds under the Magnuson-Moss Warranty Act: Insights from Schultz v. General RV Center

Enhancing Jurisdictional Thresholds under the Magnuson-Moss Warranty Act: Insights from Schultz v. General RV Center

Date: Jan 12, 2008
Enhancing Jurisdictional Thresholds under the Magnuson-Moss Warranty Act: Insights from Schultz v. General RV Center Introduction The case of Walter and Julie Schultz v. General R.V. Center; Damon...
Affirmation of Advisory Sentencing Guidelines Post-Booker: United States v. Sexton et al.

Affirmation of Advisory Sentencing Guidelines Post-Booker: United States v. Sexton et al.

Date: Jan 12, 2008
Affirmation of Advisory Sentencing Guidelines Post-Booker: United States v. Sexton et al. Introduction United States v. Sexton, Romans, and Legg is a significant appellate decision from the United...
Affirmation of Arbitration Standards: Uhl v. Komatsu Forklift Co. Establishes Nuanced Approach to Evident Partiality Under the FAA

Affirmation of Arbitration Standards: Uhl v. Komatsu Forklift Co. Establishes Nuanced Approach to Evident Partiality Under the FAA

Date: Jan 10, 2008
Affirmation of Arbitration Standards: Uhl v. Komatsu Forklift Co. Establishes Nuanced Approach to Evident Partiality Under the FAA Introduction In Uhl v. Komatsu Forklift Co., the United States Court...
Younger's Abstention Doctrine and Judicial Conduct: A Comprehensive Analysis of O'NEILL v. COUGHLAN

Younger's Abstention Doctrine and Judicial Conduct: A Comprehensive Analysis of O'NEILL v. COUGHLAN

Date: Jan 10, 2008
Younger's Abstention Doctrine and Judicial Conduct: A Comprehensive Analysis of O'NEILL v. COUGHLAN Introduction The case of William M. O'Neill v. Jonathan E. Coughlan, decided by the United States...
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