Sixth Circuit En Banc: “Actual Cash Value” Auto-Insurance Classes Challenging “Typical Negotiation” Adjustments Fail Rule 23(b)(3) Predominance; “Refund-the-Adjustment” Damages Models Violate the...
Driscoll v. Smiley: Deadly Force in Welfare Checks After Barnes v. Felix—No “Moment-of-Threat” Shortcut and No Weapon Without Objective Indicia 1. Introduction Case: Cory Driscoll v. Montgomery Cnty....
Qualified Immunity for Suicide-Prevention Welfare Checks: Objectively Reasonable Belief Justifies Warrantless Entry and Brief Display of Weapons Mark W. Eurton, Jr. and Lauren E. Whisman v. Parker...
AEDPA Deference Controls: Excited-Utterance Confrontation Claims, Dual Harmless-Error Review (Brecht + AEDPA), and “Stray” Strickland Wording in Capital Habeas I. Introduction In Phillip Jones v. Tim...
Rule 11 Misstatement of § 924(c) “Use/Carry” Elements Is Not Plainly Reversible Without Prejudice I. Introduction United States v. JoiSade Wilford (6th Cir. Apr. 22, 2026) is an unpublished decision...
Forum-Directed Wage Garnishment Creates Specific Jurisdiction Over Out-of-State Debt-Collection Counsel Case: Alexander Ross v. Robinson, Hoover & Fudge, PLLC Court: Court of Appeals for the Sixth...
Red Flags Do Not Automatically Defeat § 548(c) Good Faith; Actual-Notice Service of a Michigan Non-Periodic Garnishment Perfects a Lien Outside the § 547 Preference Period 1. Introduction In Jeff A....
White's Landing Fisheries: Sovereign Immunity Bars Federal Takings/State-Law Claims Challenging State Fishing Rules; Jurisdictional Dismissals Must Be Without Prejudice 1. Introduction In White's...
Plain-Error Review Shields Recorded Informant “Context” Statements and General Sentencing Explanations Introduction In United States v. Martez Deangelo Wright (6th Cir. Apr. 21, 2026) (unpublished),...
Lower Total Resentence Defeats Pearce Vindictiveness Presumption Despite a Higher Sentence on an Individual Count I. Introduction In United States v. Jermaine Kimbrough (Sixth Circuit, Apr. 20, 2026)...
Home-Distilling Ban Upheld as Necessary and Proper to Enforce Federal Excise Taxes; Preenforcement Standing Recognized Without Prior Violation Introduction In John Ream v. U.S. Dep't of the Treasury...
Rule 56(d) Discovery Deferrals in Qualified-Immunity Cases Must Account for Unambiguous Video Evidence and Identify a Genuine Dispute of Material Fact 1. Introduction In Elaine Smith v. Miami Valley...
Rehman v. Blanche: Motions to Remand Based on Ineffective Assistance Fail Absent a Prima Facie, Non-Speculative Showing of Asylum/Withholding Eligibility Court: United States Court of Appeals for the...
Perfunctory Qualified-Immunity Briefing Forfeits the Defense and Defeats Interlocutory Appellate Jurisdiction (Sixth Circuit) Case: Montaz Lee Kennedy v. India Smith (No. 25-1880) Court: U.S. Court...
Sixth Circuit Requires Evidentiary Hearing on Presentence Plea-Withdrawal Motions When Material Plea-Validity/IAC Facts Are Disputed and the Record Is Undeveloped 1. Introduction In United States v....
Substantial-Identity Rule for Oral vs. Written Sentences and Minimal § 5G1.3(d) Explanation Under Plain-Error Review I. Introduction In United States v. Douglas James Wilmurth (6th Cir. Apr. 17,...
Corroborated Multi-Informant Drug-Trafficking Tips and Real-Time Cell “Ping” Travel Patterns Establish Reasonable Suspicion for a Traffic Stop Introduction In United States v. Matthew Joseph Sheehan...
Express ACCA-Predicate Admissions in a Plea Agreement and Colloquy Waive Appellate Challenges to ACCA Sentencing 1. Introduction Case: United States v. Moreno Jackson, II (Sixth Circuit, Apr. 15,...
K. Petroleum v. Hubacek: Joint-Use Easement Maintenance Is Not a “Blank Check” for Upgrades (and Jury Verdicts on New-Trial Motions Receive Heavy Deference) 1. Introduction In K. Petroleum, Inc. v....
Failure to Provide an Officer a Copy of a Submitted Promotion Recommendation Form Does Not Invalidate the Senior Rater’s Record; Remedy Is a Special Selection Board with Opportunity to Comment I....