6th Circuit Case Commentaries

Humphress v. United States: Effective Assistance of Counsel and Sentencing Guidelines Post-Booker

Date: Feb 26, 2005

Humphress v. United States: Effective Assistance of Counsel and Sentencing Guidelines Post-Booker Introduction Jackie Humphress, the petitioner-appellant, challenged the denial of his motion to...

Probable Cause Requirement for Mental Health Seizures Established in Sixth Circuit

Date: Feb 26, 2005

Probable Cause Requirement for Mental Health Seizures Established in Sixth Circuit Introduction In the case of William E. "Buster" Fisher et al. v. Tom E. Harden, the United States Court of Appeals...

Deliberate Indifference to Prisoner's Medical Care Under §1983: A Comprehensive Analysis of James M. Johnson II v. Jim Karnes et al.

Date: Feb 26, 2005

Deliberate Indifference to Prisoner's Medical Care Under §1983: A Comprehensive Analysis of James M. Johnson II v. Jim Karnes et al. Introduction James M. Johnson II; Christie R. Johnson; James M....

Consent Once Removed Doctrine Affirmed in United States v. Yoon

Date: Feb 25, 2005

Consent Once Removed Doctrine Affirmed in United States v. Yoon Introduction In the case of United States of America v. Min Yoon, 398 F.3d 802 (6th Cir. 2005), the United States Court of Appeals for...

Double Counting in Sentencing Guidelines: Hazelwood v. United States

Date: Feb 24, 2005

Double Counting in Sentencing Guidelines: Hazelwood v. United States Introduction In UNITED STATES of America v. James Ronald Hazelwood, the United States Court of Appeals for the Sixth Circuit...

Probable Cause and Informant Reliability: Insights from United States v. May (6th Cir. 2005)

Date: Feb 24, 2005

Probable Cause and Informant Reliability: Insights from United States v. May (6th Cir. 2005) Introduction United States v. Terrence C. May is a pivotal case adjudicated by the United States Court of...

Affirmation of Conviction in Tinsley v. Million and its Implications on Effective Assistance of Counsel

Date: Feb 23, 2005

Affirmation of Conviction in Tinsley v. Million and its Implications on Effective Assistance of Counsel Introduction The case of Scott Lee Tinsley v. George Million, decided by the United States...

Sixth Circuit Upholds Mandatory Arbitration for ESP Benefit Claims, Distinguishes ERISA and COBRA Claims

Date: Feb 19, 2005

Sixth Circuit Upholds Mandatory Arbitration for ESP Benefit Claims, Distinguishes ERISA and COBRA Claims Introduction In the case of Joseph J. Simon v. Pfizer Incorporated, decided on February 18,...

Sixth Circuit Reaffirms Strict Compliance with ERISA Disclosure Requirements in Glidden v. Murphy

Date: Feb 19, 2005

Sixth Circuit Reaffirms Strict Compliance with ERISA Disclosure Requirements in Glidden v. Murphy Introduction In Christina Murphy Minadeo v. The Glidden Company d/b/a ICI Paints, the United States...

Affirmation of ADA Compliance Obligations in Kelly Dillery v. City of Sandusky

Date: Feb 19, 2005

Affirmation of ADA Compliance Obligations in Kelly Dillery v. City of Sandusky Introduction The case of Kelly Dillery v. City of Sandusky explores significant aspects of the Americans with...

Discharge-for-Value Defense in Erroneous Wire Transfers: Calumet Farm, Inc. v. First National Bank Trust Co.

Date: Feb 18, 2005

Discharge-for-Value Defense in Erroneous Wire Transfers: Calumet Farm, Inc. v. First National Bank Trust Co. Introduction The case of In re: CALUMET FARM, INC., Debtor. First National Bank Trust Co.,...

Impact of UNITED STATES v. BOOKER on Sentencing Procedures: Insights from United States v. McDaniel and Wade

Date: Feb 18, 2005

Impact of UNITED STATES v. BOOKER on Sentencing Procedures: Insights from United States v. McDaniel and Wade Introduction The case of United States of America v. Scott Allen McDaniel and Gregory...

Bankruptcy Court Retains Jurisdiction in Pre-receivership Preferential Transfer Actions Despite FIRREA: In re Kay Lorraine Lewis

Date: Feb 17, 2005

Bankruptcy Court Retains Jurisdiction in Pre-receivership Preferential Transfer Actions Despite FIRREA: In re Kay Lorraine Lewis Introduction The case of In re Kay Lorraine Lewis, Debtor versus...

Sentencing Guidelines as Advisory Post-Booker: Comprehensive Analysis of United States v. Barnett

Date: Feb 17, 2005

Sentencing Guidelines as Advisory Post-Booker: Comprehensive Analysis of United States v. Barnett Introduction United States of America v. Yervin K. Barnett, 398 F.3d 516 (6th Cir. 2005), serves as a...

Sixth Circuit Affirms One-Year Statute of Limitations for §1983 Educational Dismissal Claims

Date: Feb 16, 2005

Sixth Circuit Affirms One-Year Statute of Limitations for §1983 Educational Dismissal Claims Introduction The case of David Roberson v. State of Tennessee et al. presents a critical examination of...

Ensuring Validity of Appellate Waiver Provisions under Rule 11(b)(1)(N): United States v. Murdock

Date: Feb 16, 2005

Ensuring Validity of Appellate Waiver Provisions under Rule 11(b)(1)(N): United States v. Murdock Introduction In United States v. Seth Murdock, 398 F.3d 491 (6th Cir. 2005), the United States Court...

Affirmation of ADA Disability Perception and Reversal on FMLA Claims in Moorer v. Baptist Memorial Health Care System

Date: Feb 12, 2005

Affirmation of ADA Disability Perception and Reversal on FMLA Claims in Moorer v. Baptist Memorial Health Care System Introduction In the case of William T. Moorer v. Baptist Memorial Health Care...

Protecting Property Interests in Liquor Licensing: Sixth Circuit in Goose Island Brewery Case

Date: Feb 11, 2005

Protecting Property Interests in Liquor Licensing: Sixth Circuit in Goose Island Brewery Case Introduction In the case of R.S.W.W., Inc., d/b/a Goose Island Brewery, et al. v. City of Keego Harbor,...

Establishing Municipal Policy in Excessive Force Claims: Commentary on Thomas v. City of Chattanooga

Date: Feb 10, 2005

Establishing Municipal Policy in Excessive Force Claims: Commentary on Thomas v. City of Chattanooga Introduction The case of John Eric Thomas and Heather Thomas v. City of Chattanooga, Tennessee,...

Affirmation of School Dress Code's Constitutionality under First and Fourteenth Amendments in Blau v. Fort Thomas Public School District

Date: Feb 9, 2005

Affirmation of School Dress Code's Constitutionality under First and Fourteenth Amendments in Blau v. Fort Thomas Public School District Introduction The case of Robert E. Blau, individually and as...