6th Circuit Case Commentaries

Affirmation of Conviction in Juror Misconduct Case: U.S. v. Wheaton

Date: Feb 20, 2008

Affirmation of Conviction in Juror Misconduct Case: United States v. Wheaton Introduction In the case of United States of America, Plaintiff-Appellee, v. Michael Wheaton, Defendant-Appellant (517...

Affirmation of Mail Fraud and Money Laundering Convictions in Access Financial Scheme

Date: Feb 15, 2008

Affirmation of Mail Fraud and Money Laundering Convictions in Access Financial Scheme Introduction The case of UNITED STATES of America v. William Edward Flynn and co-defendants revolves around the...

Affirmation of Retaliation Claims under Title VII and ADEA: Insights from Imwalle v. Reliance Medical Products

Date: Feb 9, 2008

Affirmation of Retaliation Claims under Title VII and ADEA: Insights from Imwalle v. Reliance Medical Products Introduction In the landmark case Dennis Imwalle, Plaintiff-Appellee, v. Reliance...

Affirmation of Commissioner's Disability Determination Based on Substantial Evidence

Date: Feb 8, 2008

Affirmation of Commissioner's Disability Determination Based on Substantial Evidence Introduction The case of Renee Infantado v. Michael J. Astrue, Commissioner of Social Security (263 F. App'x 469)...

Sixth Circuit Affirms Plain Error Review for Procedural Challenges in Within-Guidelines Sentences Post-Booker

Date: Feb 8, 2008

Sixth Circuit Affirms Plain Error Review for Procedural Challenges in Within-Guidelines Sentences Post-Booker Introduction In the landmark case of United States of America v. Alvin Vonner, 516 F.3d...

Affirmation of Civil Rights Conspiracy and Sentencing Practices under Federal Guidelines in United States v. Conatser & Marlowe

Date: Feb 5, 2008

Affirmation of Civil Rights Conspiracy and Sentencing Practices under Federal Guidelines in United States v. Conatser & Marlowe Introduction The case of United States v. Tommy Shane Conatser...

Mickey v. Zeidler Tool and Die Co.: Establishing Causal Connection in Retaliation Claims

Date: Feb 1, 2008

Mickey v. Zeidler Tool and Die Co.: Establishing Causal Connection in Retaliation Claims Introduction In the landmark case of Charles D. Mickey v. Zeidler Tool and Die Company, decided by the United...

Rule 16(a)(1)(G) Compliance and Prosecutorial Misconduct: An Analysis of United States v. Davis

Date: Jan 31, 2008

Rule 16(a)(1)(G) Compliance and Prosecutorial Misconduct: An Analysis of United States v. Davis Introduction In United States v. Melvin E. Davis, the United States Court of Appeals for the Sixth...

Affirmation of Denied Habeas Corpus in Wilson v. Parker: Implications for Right to Counsel and Procedural Standards

Date: Jan 30, 2008

Affirmation of Denied Habeas Corpus in Wilson v. Parker: Implications for Right to Counsel and Procedural Standards Introduction Gregory Wilson, the petitioner-appellant, challenged the denial of his...

Sixth Circuit Upholds Enhanced Sentencing in Child Pornography Offenses: Vowell & Pratt v. U.S.

Date: Jan 30, 2008

Sixth Circuit Upholds Enhanced Sentencing in Child Pornography Offenses: Vowell & Pratt v. U.S. Introduction The case of United States v. Walter Franklin Vowell and Katherine Sue Pratt (Nos. 06-5742,...

Affirmation of Habeas Corpus Denial: Evaluating Ineffective Assistance of Counsel Claims in Death Penalty Proceedings

Date: Jan 26, 2008

Affirmation of Habeas Corpus Denial: Evaluating Ineffective Assistance of Counsel Claims in Death Penalty Proceedings Introduction In the case of John Fautenberry v. Betty Mitchell (515 F.3d 614,...

Broadspire's Arbitrariness in Disability Benefit Denial: A New Precedent under ERISA

Date: Jan 24, 2008

Broadspire's Arbitrariness in Disability Benefit Denial: A New Precedent under ERISA Introduction In the case of Adrienne Bennett v. Kemper National Services, Inc., the United States Court of Appeals...

Protected Parental Speech in First Amendment Retaliation Claims: Insights from Jenkins v. Evans

Date: Jan 18, 2008

Protected Parental Speech in First Amendment Retaliation Claims: Insights from Jenkins v. Evans Introduction The case of Shara Jenkins and Brenda Mulkey versus the Rock Hill Local School District and...

Swafford v. United States: Guidelines for Conspiracy Variances and Avoiding Multiplicity under Double Jeopardy

Date: Jan 18, 2008

Swafford v. United States: Guidelines for Conspiracy Variances and Avoiding Multiplicity under Double Jeopardy Introduction In United States v. Joseph Swafford, the United States Court of Appeals for...

Sixth Circuit Affirms Scope of Employment Limits Insurance Coverage for Employee Misconduct

Date: Jan 17, 2008

Sixth Circuit Affirms Scope of Employment Limits Insurance Coverage for Employee Misconduct Introduction In the case of Scottsdale Insurance Company v. Norman Flowers, Kathleen Burke, the United...

Affirmation of Health Care Fraud Conviction: Standards for Prosecutorial Vindictiveness, Consent to Warrantless Searches, and Admissibility of Business Records

Date: Jan 17, 2008

Affirmation of Health Care Fraud Conviction: Standards for Prosecutorial Vindictiveness, Consent to Warrantless Searches, and Admissibility of Business Records Introduction The case of United States...

Withholding of Removal and CAT Protection: The Kanoute Precedent

Date: Jan 17, 2008

Withholding of Removal and CAT Protection: The Kanoute Precedent Introduction The case of Amadou Modibo Kanoute v. Michael Mukasey, Attorney General of the United States (259 F. App'x 847, 6th Cir....

Substantial Evidence Upholds Disability Denial in Rose Vance v. Commissioner of Social Security

Date: Jan 16, 2008

Substantial Evidence Upholds Disability Denial in Rose Vance v. Commissioner of Social Security Introduction Rose Vance, the plaintiff-appellant, sought Social Security Disability benefits due to...

Sixth Circuit Affirms 104-Year Sentence: Proportionality and Double Jeopardy Considerations Under AEDPA

Date: Jan 16, 2008

Sixth Circuit Affirms 104-Year Sentence: Proportionality and Double Jeopardy Considerations Under AEDPA Introduction Johnny Cowherd v. George Million is a significant case adjudicated by the United...

Establishing Limits of Supplemental Jurisdiction in Third-Party Claims Post-Settlement: American Zurich v. Cooper Tire

Date: Jan 16, 2008

Establishing Limits of Supplemental Jurisdiction in Third-Party Claims Post-Settlement: American Zurich v. Cooper Tire Introduction American Zurich Insurance Company v. Cooper Tire Rubber Company,...