6th Circuit Case Commentaries

Reaffirming the Necessity of Clear Political Motivation in Asylum Claims: Marku v. Ashcroft

Date: Aug 21, 2004

Reaffirming the Necessity of Clear Political Motivation in Asylum Claims: Marku v. Ashcroft Introduction In the case of Liri Norek Marku v. John Ashcroft, Attorney General; Immigration and...

Denied Qualified Immunity for Officers Using Excessive Force: Champion v. Outlook Nashville

Date: Aug 20, 2004

Denied Qualified Immunity for Officers Using Excessive Force: Champion v. Outlook Nashville Introduction The case of Calvin B. Champion et al., Plaintiffs-Appellees v. Outlook Nashville, Inc. et al.,...

Reversal of AUSTIN v. MITCHELL: Expanding Tolling Provisions Under 28 U.S.C. § 2244(d)(2)

Date: Aug 20, 2004

Reversal of AUSTIN v. MITCHELL: Expanding Tolling Provisions Under 28 U.S.C. § 2244(d)(2) Introduction The case of Johnny Cowherd v. George Million, Warden (380 F.3d 909) represents a pivotal moment...

Affirmation of Procedural Deference and Standards in Capital Habeas Petitions

Date: Aug 14, 2004

Affirmation of Procedural Deference and Standards in Capital Habeas Petitions Introduction The case of WILLIE WILLIAMS, JR., PETITIONER-APPELLANT v. MARGARET BAGLEY, WARDEN, RESPONDENT-APPELLEE (380...

Reevaluating the Heck Doctrine: Implications for §1983 Claims in Prison Disciplinary Proceedings

Date: Aug 12, 2004

Reevaluating the Heck Doctrine: Implications for §1983 Claims in Prison Disciplinary Proceedings Introduction In the landmark case of Shakur Muhammad v. Mark Close, the United States Court of Appeals...

Implied Consent in Warrantless Hotel Room Searches: An Analysis of United States v. Carter (6th Cir. 2004)

Date: Aug 7, 2004

Implied Consent in Warrantless Hotel Room Searches: An Analysis of United States v. Carter (6th Cir. 2004) Introduction The case of United States of America v. Sean Carter, decided by the United...

Title VII Protections Extended to Transsexual Discrimination: Smith v. City of Salem, Ohio

Date: Aug 6, 2004

Title VII Protections Extended to Transsexual Discrimination: Smith v. City of Salem, Ohio Introduction In Simmie L. Smith v. City of Salem, Ohio, 378 F.3d 566 (6th Cir. 2004), the United States...

Waiver of Sixth Amendment Right to Counsel: The Rodney Green Case

Date: Aug 6, 2004

Waiver of Sixth Amendment Right to Counsel: The Rodney Green Case Introduction The case of United States of America v. Rodney Green, 388 F.3d 918 (6th Cir. 2004), serves as a pivotal decision...

Exhaustion of Administrative Remedies: Affirmation in Ramani v. Ashcroft

Date: Aug 5, 2004

Exhaustion of Administrative Remedies: Affirmation in Ramani v. Ashcroft Introduction The case of Ramani v. Ashcroft, decided by the United States Court of Appeals for the Sixth Circuit on August 4,...

Independent Creation and Attorneys' Fees in Copyright Infringement: Analysis of Fogerty and Crow v. MGM

Date: Aug 4, 2004

Independent Creation and Attorneys' Fees in Copyright Infringement: Analysis of Fogerty and Crow v. MGM Introduction In the appellate case Frank P. Fogerty and Nathan Crow v. MGM Group Holdings...

Enhancing Procedural Safeguards in Disability Benefits Determinations: Wilson v. Commissioner of Social Security

Date: Aug 3, 2004

Enhancing Procedural Safeguards in Disability Benefits Determinations: Wilson v. Commissioner of Social Security Introduction The case of Robert M. Wilson v. Commissioner of Social Security (378 F.3d...

Harchenko v. INS: Evaluating Timeliness and Authority in Reopening Deportation Proceedings

Date: Jul 31, 2004

Harchenko v. INS: Evaluating Timeliness and Authority in Reopening Deportation Proceedings Introduction Harchenko v. Immigration and Naturalization Service (INS) is a pivotal case decided by the...

Meaningful Alternatives in Private Rescue: Comprehensive Commentary on Beck v. Haik

Date: Jul 30, 2004

Meaningful Alternatives in Private Rescue: Comprehensive Commentary on Beck v. Haik Introduction The case of Galen Beck, as representative of the estate of Eugene Beck; and Sharon Beck v. Edward A....

Reaffirming Procedural Default Standards for Confrontation Clause Claims: Hicks v. Straub

Date: Jul 30, 2004

Reaffirming Procedural Default Standards for Confrontation Clause Claims: Hicks v. Straub Introduction The case Michael Hicks v. Dennis M. Straub, Warden (377 F.3d 538, 6th Cir. 2004) addresses...

Enhancing FMLA Eligibility: Including Make-Whole Relief in "Hours of Service" Calculations

Date: Jul 28, 2004

Enhancing FMLA Eligibility: Including Make-Whole Relief in "Hours of Service" Calculations Introduction Doreen Ricco v. John E. Potter, Postmaster General, et al. (377 F.3d 599) is a landmark...

Affirmation of Denial of Qualified Immunity in Prisoner First Amendment Retaliation Claims

Date: Jul 24, 2004

Affirmation of Denial of Qualified Immunity in Prisoner First Amendment Retaliation Claims Introduction The case of David J. Scott v. Philip Bair, decided by the United States Court of Appeals for...

Bridgeport Music, Inc. v. Universal-PolyGram: Upholding Summary Judgment on Copyright Infringement and Attorney Fee Awards in Sampling Litigation

Date: Jul 23, 2004

Bridgeport Music, Inc. v. Universal-PolyGram: Upholding Summary Judgment on Copyright Infringement and Attorney Fee Awards in Sampling Litigation Introduction The case of Bridgeport Music, Inc., et...

Affirmation of Probable Cause and Admissibility Standards under Fed. R.Evid. 404(b) in Upholding Drug Conspiracy Conviction

Date: Jul 23, 2004

Affirmation of Probable Cause and Admissibility Standards under Fed. R.Evid. 404(b) in Upholding Drug Conspiracy Conviction Introduction In the case of United States of America v. Anna Trujillo, 376...

Admissibility of Prior Inconsistent Statements for Witness Impeachment Upheld in Criminal Case

Date: Jul 21, 2004

Admissibility of Prior Inconsistent Statements for Witness Impeachment Upheld in Criminal Case Introduction In the case of United States of America v. Derrick L. Foster, decided on July 20, 2004, by...

Affirmation of District Court's Discretion in Felon-in-Possession Charges and Trial Procedures in U.S. v. Moore

Date: Jul 21, 2004

Affirmation of District Court's Discretion in Felon-in-Possession Charges and Trial Procedures in U.S. v. Moore Introduction In the case of United States of America v. Derrick D. Moore, decided by...

Previous Next