6th Circuit Case Commentaries

Ineffective Assistance of Counsel in Addressing Prosecutorial Misconduct: A Comprehensive Review of Hodge v. Hurley, 6th Cir. 2005

Date: Oct 13, 2005

Ineffective Assistance of Counsel in Addressing Prosecutorial Misconduct: A Comprehensive Review of Hodge v. Hurley, 6th Cir. 2005 Introduction Demarkus Hodge v. Pat Hurley, Warden, 426 F.3d 368 (6th...

Sixth Circuit Overrules WHITE v. SCHOTTEN: Ohio Rule 26(B) Classified as Collateral Post-Conviction Procedure Without Constitutional Right to Appointed Counsel

Date: Oct 8, 2005

Sixth Circuit Overrules WHITE v. SCHOTTEN: Ohio Rule 26(B) Classified as Collateral Post-Conviction Procedure Without Constitutional Right to Appointed Counsel Introduction In Fernando Lopez v....

Reaffirming Bankruptcy Protections: Understanding IN RE ADKINS v. DaimlerChrysler and Its Implications

Date: Oct 5, 2005

Reaffirming Bankruptcy Protections: Understanding IN RE ADKINS v. DaimlerChrysler and Its Implications Introduction The case of In re: Matthew ADKINS, Debtor. David Wm. Ruskin, Trustee v....

Clark v. Mitchell: Affirmation of Effective Counsel in Capital Case

Date: Oct 5, 2005

Clark v. Mitchell: Affirmation of Effective Counsel in Capital Case Introduction In the landmark case Joseph Lewis Clark v. Betty Mitchell, 425 F.3d 270 (6th Cir. 2005), the United States Court of...

Reaffirming AEDPA and Strickland Standards for Ineffective Assistance of Counsel in Capital Cases

Date: Oct 5, 2005

Reaffirming AEDPA and Strickland Standards for Ineffective Assistance of Counsel in Capital Cases Introduction The case of Brian Keith Moore v. Philip Parker, Warden (425 F.3d 250) presents a...

Visteon v. Walton: Clarifying Employer Notification Requirements Under FMLA

Date: Sep 29, 2005

Visteon v. Walton: Clarifying Employer Notification Requirements Under FMLA Introduction The case of Terry D. Walton v. Ford Motor Company; Visteon Corporation (424 F.3d 481, 6th Cir. 2005) serves as...

Establishing Causation in Maritime Asbestos Products Liability: Sixth Circuit Upholds Summary Judgment

Date: Sep 29, 2005

Establishing Causation in Maritime Asbestos Products Liability: Sixth Circuit Upholds Summary Judgment Introduction In the landmark case Rolf L. Lindstrom, Plaintiff, Willard E. Bartel and Da v. C....

Municipal Attorney-Client Privilege Upheld Despite Individual Officials' Assertions: ROSS v. CITY OF MEMPHIS

Date: Sep 15, 2005

Municipal Attorney-Client Privilege Upheld Despite Individual Officials' Assertions: ROSS v. CITY OF MEMPHIS Introduction Herlancer ROSS v. CITY OF MEMPHIS is a pivotal case adjudicated by the United...

Equal Pay Act and Attorneys' Fees: Insights from Balmer v. HCA, Inc.

Date: Sep 15, 2005

Equal Pay Act and Attorneys' Fees: Insights from Balmer v. HCA, Inc. Introduction The case of Shannon Balmer v. HCA, Inc., adjudicated by the United States Court of Appeals for the Sixth Circuit on...

Automatic Stay Enforcement in Bankruptcy: Insights from In re National Century Financial Enterprises, Inc.

Date: Sep 14, 2005

Automatic Stay Enforcement in Bankruptcy: Insights from In re National Century Financial Enterprises, Inc. Introduction The case of In re: National Century Financial Enterprises, Inc., decided by the...

AEDPA §2254(i) Precludes Rule 60(b) Relief in Habeas Proceedings: An Analysis of Post v. Bradshaw

Date: Sep 14, 2005

AEDPA §2254(i) Precludes Rule 60(b) Relief in Habeas Proceedings: An Analysis of Post v. Bradshaw Introduction Ronald Post filed a habeas corpus petition under 28 U.S.C. § 2254 after being convicted...

Impact of Procedural Defaults and Habeas Corpus Standards: Biros v. Bagley

Date: Sep 10, 2005

Impact of Procedural Defaults and Habeas Corpus Standards: Biros v. Bagley Introduction Biros v. Bagley (422 F.3d 379) is a significant case adjudicated by the United States Court of Appeals for the...

Actual Innocence Claims Do Not Imply Waiver of Attorney-Client Privilege: Sixth Circuit Sets Precedent

Date: Sep 10, 2005

Actual Innocence Claims Do Not Imply Waiver of Attorney-Client Privilege: Sixth Circuit Sets Precedent Introduction The case of In re: Gregory LOTT, Petitioner (424 F.3d 446) represents a pivotal...

Reaffirmation of the Substantial Evidence Standard in Adverse Credibility Determinations in Asylum Cases

Date: Sep 9, 2005

Reaffirmation of the Substantial Evidence Standard in Adverse Credibility Determinations in Asylum Cases Introduction The case of Ilir Shkabari; Orjeta Shkabari; Klidis Shkabari v. Alberto Gonzales,...

Good Faith Exception and Affidavit Completeness in Search Warrant Cases: United States v. Frazier

Date: Sep 7, 2005

Good Faith Exception and Affidavit Completeness in Search Warrant Cases: United States v. Frazier Introduction United States v. Christopher Frazier, 423 F.3d 526 (6th Cir. 2005), centers on the...

Confirming Stewart's Standard on Downward Departure Review Post-Booker: Analysis of Puckett v. United States

Date: Sep 7, 2005

Confirming Stewart's Standard on Downward Departure Review Post-Booker: Analysis of Puckett v. United States Introduction In the case of United States of America v. Martece Puckett, the United States...

Enforcing the FTCA Judgment Bar: Bivens Claims Against Federal Employees Barred by 28 U.S.C. § 2676

Date: Sep 3, 2005

Enforcing the FTCA Judgment Bar: Bivens Claims Against Federal Employees Barred by 28 U.S.C. § 2676 Introduction The case of Ronnie Harris v. United States of America (422 F.3d 322) adjudicated by...

Harrison v. McDonald's Corp.: Clarifying Evidentiary Standards for Collective Actions under 29 U.S.C. § 216(b)

Date: Sep 3, 2005

Harrison v. McDonald's Corp.: Clarifying Evidentiary Standards for Collective Actions under 29 U.S.C. § 216(b) Introduction In Harrison v. McDonald's Corp., 411 F. Supp. 2d 862 (S.D. Ohio 2005), the...

Defining "Occurrence" in Insurance Policies: State Farm v. McGowan

Date: Sep 1, 2005

Defining "Occurrence" in Insurance Policies: State Farm v. McGowan Introduction The case of State Farm Fire and Casualty Company v. James McGowan addresses critical issues surrounding insurance...

Affirmation of SEC's Ponzi Scheme Enforcement: Key Legal Principles Established

Date: Aug 31, 2005

Affirmation of SEC's Ponzi Scheme Enforcement: Key Legal Principles Established Introduction The case of Securities and Exchange Commission (SEC) v. Allen George et al. revolves around allegations of...

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