6th Circuit Case Commentaries

Affirmation of Probable Cause in Fourth Amendment Arrest: RADVANSKY v. CITY OF OLMSTED FALLS

Date: Jul 28, 2007

Affirmation of Probable Cause in Fourth Amendment Arrest: RADVANSKY v. CITY OF OLMSTED FALLS Introduction In the case of Geoffrey M. RADVANSKY v. CITY OF OLMSTED FALLS, adjudicated by the United...

Reaffirming Individualized Proportionality in Death Penalty Sentencing: Insights from Jason Getsy v. Warden Mitchell

Date: Jul 26, 2007

Reaffirming Individualized Proportionality in Death Penalty Sentencing: Insights from Jason Getsy v. Warden Mitchell Introduction Jason Getsy, the petitioner-appellant, was convicted of...

Enhancing Confrontation Rights: Vasquez v. Jones Establishes Critical Precedent

Date: Jul 25, 2007

Enhancing Confrontation Rights: Vasquez v. Jones Establishes Critical Precedent Introduction The case of Emilio Vasquez v. Kurt Jones, adjudicated by the United States Court of Appeals for the Sixth...

Limits of Removal Jurisdiction in State Law Claims: Warren v. Detroit

Date: Jul 24, 2007

Limits of Removal Jurisdiction in State Law Claims: Warren v. Detroit Introduction In the landmark case of The City of Warren v. The City of Detroit (495 F.3d 282), the United States Court of Appeals...

Federal Declaratory Judgment Jurisdiction in Insurance Coverage Disputes: Insights from Travelers Indemnity Co. v. Bowling Green Professional Associates, PLC

Date: Jul 21, 2007

Federal Declaratory Judgment Jurisdiction in Insurance Coverage Disputes: Insights from Travelers Indemnity Co. v. Bowling Green Professional Associates, PLC Introduction The case of Travelers...

Affirmation of Within-Guidelines Sentencing: United States v. Ming Liou

Date: Jul 21, 2007

Affirmation of Within-Guidelines Sentencing: United States v. Ming Liou Introduction In the appellate case United States v. Ming Liou, 491 F.3d 334 (6th Cir. 2007), the United States Court of Appeals...

Comprehensive Commentary on John Doe, XIV v. Michigan Department of State Police: Upholding Sex Offender Registration Requirements for Youthful Trainees

Date: Jul 19, 2007

Upholding Sex Offender Registration Requirements for Youthful Trainees: A Detailed Analysis of John Doe, XIV v. Michigan Department of State Police Introduction The case of John Doe, XIV,...

Effective Assistance of Counsel During Mitigation: Haliym v. Mitchell

Date: Jul 14, 2007

Effective Assistance of Counsel During Mitigation: Haliym v. Mitchell Introduction In the case of Abdul Haliym, also known as Wayne Frazier, the United States Court of Appeals for the Sixth Circuit...

Application of 'Shocks the Conscience' Standard in Police Pursuit Cases: Meals v. City of Memphis

Date: Jul 12, 2007

Application of 'Shocks the Conscience' Standard in Police Pursuit Cases: Meals v. City of Memphis Introduction The case of Meals v. City of Memphis addresses the critical issue of police...

Affirmation of HARTMAN v. BAGLEY: Standards for Ineffective Assistance of Counsel and Jury Instructions in Capital Cases

Date: Jul 11, 2007

Affirmation of HARTMAN v. BAGLEY: Standards for Ineffective Assistance of Counsel and Jury Instructions in Capital Cases Introduction HARTMAN v. BAGLEY, 492 F.3d 347 (6th Cir. 2007), is a pivotal...

Affirmation of Statute of Limitations and Judicial Immunity in §1983 Claims: DIXON v. CLEM

Date: Jul 11, 2007

Affirmation of Statute of Limitations and Judicial Immunity in §1983 Claims: DIXON v. CLEM Introduction In DIXON v. CLEM, 492 F.3d 665 (6th Cir. 2007), the United States Court of Appeals for the...

Reliability of Co-conspirator Statements and Sentencing Enhancements under U.S.S.G. § 3B1.1: United States v. Moncivais

Date: Jul 11, 2007

Reliability of Co-conspirator Statements and Sentencing Enhancements under U.S.S.G. § 3B1.1: United States v. Moncivais 1. Introduction The case of United States of America v. Alberto Moncivais (492...

ACLU v. NSA: Standing and the Limits of Executive Power in Surveillance

Date: Jul 7, 2007

ACLU v. NSA: Standing and the Limits of Executive Power in Surveillance Introduction In the landmark case of American Civil Liberties Union, et al. v. National Security Agency, et al. (493 F.3d 644,...

Logsdon v. Hains and McShane: Strengthening Fourth and First Amendment Protections in Arrests

Date: Jul 7, 2007

Logsdon v. Hains and McShane: Strengthening Fourth and First Amendment Protections in Arrests Introduction In the seminal case of Joseph Michael Logsdon v. Charles Hains and Daniel McShane, decided...

Evaluation of Mental Impairments in Social Security Disability Claims: West v. SSA

Date: Jul 6, 2007

Evaluation of Mental Impairments in Social Security Disability Claims: West v. SSA Introduction James T. West, a plaintiff-appellant, sought supplemental security income (SSI) benefits from the...

Narrow Interpretation of Fiduciary Capacity under §523(a)(4): In re Charles S. Bucci

Date: Jul 4, 2007

Narrow Interpretation of Fiduciary Capacity under §523(a)(4): In re Charles S. Bucci Introduction The case In re Charles S. Bucci, Debtor et al., reported in 493 F.3d 635, presents pivotal questions...

Failure to Promote and National Origin Discrimination: In re Rodriguez v. FedEx Freight East, Inc.

Date: Jun 28, 2007

Failure to Promote and National Origin Discrimination: Insights from In re Rodriguez v. FedEx Freight East, Inc. Introduction The case of In re Jose Antonio Rodriguez, Debtor v. FedEx Freight East,...

Equitable Estoppel and COBRA’s Numerical Threshold: Insights from Sil v. Thomas

Date: Jun 28, 2007

Equitable Estoppel and COBRA’s Numerical Threshold: Insights from Sil v. Thomas Introduction Silvia J. Thomas v. Chancey Miller and Elmwood Cemetery is a pivotal case adjudicated by the United States...

Implications of Habeas Petition Dismissal: Clark v. Waller Analysis

Date: Jun 26, 2007

Implications of Habeas Petition Dismissal: Clark v. Waller Analysis Based on the judgment from Johnny O. Clark v. Robert Waller, 490 F.3d 551 (6th Cir. 2007) Introduction Johnny O. Clark v. Robert...

Clarification of Mail Fraud Elements and Use of Fire Under 18 U.S.C. § 844(h): United States v. McAuliffe

Date: Jun 23, 2007

Clarification of Mail Fraud Elements and Use of Fire Under 18 U.S.C. § 844(h): United States v. McAuliffe Introduction In the case of United States v. McAuliffe, 490 F.3d 526 (6th Cir. 2007), the...

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6th Circuit Case Commentaries

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