6th Circuit Case Commentaries

Post-Conviction Fingerprint/DNA Testing: No Procedural Due Process Violation Absent a Cognizable Liberty-Interest Deprivation, and “Reasonable Probability” May Be Assessed Against the Trial Record

Date: May 22, 2026

Post-Conviction Fingerprint/DNA Testing: No Procedural Due Process Violation Absent a Cognizable Liberty-Interest Deprivation, and “Reasonable Probability” May Be Assessed Against the Trial Record I....

AEDPA Deference to State Faretta Waivers: Von Moltke Plurality Not “Clearly Established,” and Brief Risk Warnings Can Suffice

Date: May 22, 2026

AEDPA Deference to State Faretta Waivers: Von Moltke Plurality Not “Clearly Established,” and Brief Risk Warnings Can Suffice 1. Introduction Steve Ellis Karacson v. David Shaver, Warden is a federal...

PCC Airfoils and the Sixth Circuit’s Rejection of a “Clear and Convincing Evidence” Checklist for Preliminary Injunctions

Date: May 22, 2026

PCC Airfoils and the Sixth Circuit’s Rejection of a “Clear and Convincing Evidence” Checklist for Preliminary Injunctions 1. Introduction In PCC Airfoils, LLC v. Justin Daugherty (6th Cir. May 19,...

State-Court Vacatur—Even if Allegedly Procedurally Irregular—Defeats Heck; Specific Qualified-Immunity Theories Must Be Preserved in Rule 50(a) in Brady § 1983 Trials (Sixth Cir.)

Date: May 20, 2026

State-Court Vacatur—Even if Allegedly Procedurally Irregular—Defeats Heck; Specific Qualified-Immunity Theories Must Be Preserved in Rule 50(a) in Brady § 1983 Trials Case: Alexandre Ansari v. Moises...

Procedural Reasonableness: No Reversal When Sentencing Misstatements Are Corrected and the § 3553(a) Rationale Is Adequately Explained

Date: May 20, 2026

Procedural Reasonableness: No Reversal When Sentencing Misstatements Are Corrected and the § 3553(a) Rationale Is Adequately Explained I. Introduction In United States v. Alexander Beattie (6th Cir....

No Substantive-Due-Process Property Interest Arises from a City Clerk’s Unauthorized “Grandfathering” Assurances for Marijuana Licensure

Date: May 20, 2026

No Substantive-Due-Process Property Interest Arises from a City Clerk’s Unauthorized “Grandfathering” Assurances for Marijuana Licensure Introduction In Naturale & Co. v. Bruce Eck, Hamtramck...

United States v. Owen: Bank-Fraud “Property” Includes Loan Proceeds and Debts Legally Due; Concealment Money Laundering May Rest on Proceeds from a Completed Phase of an Ongoing Wire-Fraud Scheme

Date: May 20, 2026

United States v. Owen: Bank-Fraud “Property” Includes Loan Proceeds and Debts Legally Due; Concealment Money Laundering May Rest on Proceeds from a Completed Phase of an Ongoing Wire-Fraud Scheme 1)...

FMLA Retaliation: Requesting FMLA Paperwork Is “Protected Activity” Even Before Entitlement Is Determined

Date: May 20, 2026

FMLA Retaliation: Requesting FMLA Paperwork Is “Protected Activity” Even Before Entitlement Is Determined Case: Daniel Paris v. MacAllister Machinery Co., Inc. Court: Court of Appeals for the Sixth...

Incident-Specific Proof of Malice Required to Defeat Kentucky Qualified Official Immunity in Police Deadly-Force Cases

Date: May 20, 2026

Incident-Specific Proof of Malice Required to Defeat Kentucky Qualified Official Immunity in Police Deadly-Force Cases Introduction In Toni Mitchell v. Steve Conrad (Sixth Cir. May 14, 2026), the...

Hearsay-Only Objections Forfeit Right-to-Present-a-Defense Claims; Routine Hearsay Exclusions Rarely Amount to Constitutional Error (Sixth Circuit)

Date: May 19, 2026

Hearsay-Only Objections Forfeit Right-to-Present-a-Defense Claims; Routine Hearsay Exclusions Rarely Amount to Constitutional Error (Sixth Circuit) 1. Introduction In United States v. LaShawnda...

Substantial-Evidence Review Governs “Exceptional and Extremely Unusual Hardship” Determinations in Cancellation of Removal

Date: May 19, 2026

Substantial-Evidence Review Governs “Exceptional and Extremely Unusual Hardship” Determinations in Cancellation of Removal 1. Introduction In Fortunato Martinez-Garcia v. Todd Blanche (6th Cir. May...

Rule 21(a) Venue Transfer Requires Concrete, Non-Speculative Prejudice; Adequate Voir Dire Is Shown by Meaningful Bias-Probing, Not by Asking Every Requested Question

Date: May 19, 2026

Rule 21(a) Venue Transfer Requires Concrete, Non-Speculative Prejudice; Adequate Voir Dire Is Shown by Meaningful Bias-Probing, Not by Asking Every Requested Question Introduction In United States v....

Consecutive Revocation Sentences May Be Imposed for Extreme “Breach of Trust,” with a Brief, Context-Driven Explanation

Date: May 19, 2026

Consecutive Revocation Sentences May Be Imposed for Extreme “Breach of Trust,” with a Brief, Context-Driven Explanation Case: United States v. Lorenzo Watson (6th Cir.) Date: 2026-05-15 Disposition:...

Sixth Circuit: § 924(c) Terms Must Run Consecutively to All Other Sentences (Including State), and Written Judgments May Clarify Oral Ambiguity

Date: May 19, 2026

Sixth Circuit: § 924(c) Terms Must Run Consecutively to All Other Sentences (Including State), and Written Judgments May Clarify Oral Ambiguity I. Introduction In United States v. Estifanos Kumssa...

Rule 68 Preempts Michigan’s Offer-of-Judgment Fee Shifting; Unsupported Royalty Theories Yield Only Nominal Contract Damages

Date: May 19, 2026

Rule 68 Preempts Michigan’s Offer-of-Judgment Fee Shifting; Unsupported Royalty Theories Yield Only Nominal Contract Damages Introduction Oldnar Corp. v. Sanyo N. Am. Corp. (6th Cir. May 12, 2026) is...

Nominal Damages When Plaintiff Proves Only an Inapplicable Royalty Theory; Federal Rule 68 Preempts Michigan’s Offer-of-Judgment Fee Shifting

Date: May 19, 2026

Nominal Damages When Plaintiff Proves Only an Inapplicable Royalty Theory; Federal Rule 68 Preempts Michigan’s Offer-of-Judgment Fee Shifting I. Introduction Oldnar Corp. v. Sanyo N. Am. Corp. is the...

Opening-the-Door Admissibility of a Prior Felon-in-Possession Conviction and Limits on Post-Verdict Juror Inquiry Under Rule 606(b)

Date: May 19, 2026

Opening-the-Door Admissibility of a Prior Felon-in-Possession Conviction and Limits on Post-Verdict Juror Inquiry Under Rule 606(b) I. Introduction In United States v. Terrence Devol London, II...

“Government” in the Terrorism Enhancement Includes Unrecognized Foreign Regimes; Extreme Downward Variances in ISIS Material-Support Cases Require Compelling, Guideline-Centered Justification

Date: May 19, 2026

“Government” in the Terrorism Enhancement Includes Unrecognized Foreign Regimes; Extreme Downward Variances in ISIS Material-Support Cases Require Compelling, Guideline-Centered Justification Case:...

“Government” Means Government for §3A1.4: No Recognition Requirement, and Sentencing Statistics Cannot Justify Extreme Downward Variances in ISIS Material-Support Cases

Date: May 19, 2026

“Government” Means Government for §3A1.4: No Recognition Requirement, and Sentencing Statistics Cannot Justify Extreme Downward Variances in ISIS Material-Support Cases Introduction In United States...

Unpaid Leave Can Satisfy the ADA for Disability-Related Training; FMLA Does Not Expand Paid Sick Leave Beyond an Employer’s “Normal” Policy

Date: May 19, 2026

Unpaid Leave Can Satisfy the ADA for Disability-Related Training; FMLA Does Not Expand Paid Sick Leave Beyond an Employer’s “Normal” Policy Introduction In Andrea Tumbleson v. Lakota Local Sch. Dist....