6th Circuit Case Commentaries

Admissibility of Reverse Rule 404(b) Evidence in Defense Strategies: United States v. Lucas

Date: Feb 13, 2004

Admissibility of Reverse Rule 404(b) Evidence in Defense Strategies: United States v. Lucas Introduction In United States v. Lucas, 357 F.3d 599 (6th Cir. 2004), the United States Court of Appeals...

Affirmation of Municipal Non-Liability in Section 1983 Claim Due to Lack of Causal Policy Link

Date: Feb 11, 2004

Affirmation of Municipal Non-Liability in Section 1983 Claim Due to Lack of Causal Policy Link Introduction The case of Carolyn Graham, as Personal Representative of the Estate of Terance Anthony...

Finality of Conviction under 28 U.S.C. § 2255: Sixth Circuit Affirms Ten-Day Rule

Date: Feb 10, 2004

Finality of Conviction under 28 U.S.C. § 2255: Sixth Circuit Affirms Ten-Day Rule Introduction In the landmark case of Manuel SANCHEZ-CASTELLANO v. UNITED STATES, 358 F.3d 424 (6th Cir. 2004), the...

Reaffirmation of Conspiracy and Attempt Convictions in U.S. v. Crayton: An In-Depth Analysis

Date: Feb 6, 2004

Reaffirmation of Conspiracy and Attempt Convictions in U.S. v. Crayton: An In-Depth Analysis Introduction United States of America v. Lawrence Edward Crayton, Jr., 357 F.3d 560 (6th Cir. 2004), is a...

Reaffirmation of Eleventh Amendment Sovereign Immunity and Procedural Strictness in § 1983 Claims: Johnson v. Defendants-Appellees

Date: Feb 4, 2004

Reaffirmation of Eleventh Amendment Sovereign Immunity and Procedural Strictness in § 1983 Claims: Johnson v. Defendants-Appellees Introduction Louis David Johnson, Jr., a pro se plaintiff and inmate...

Enhanced Scrutiny on Sentencing Enhancements: Analysis of United States v. Nelson

Date: Jan 29, 2004

Enhanced Scrutiny on Sentencing Enhancements: Analysis of United States v. Nelson Introduction In the landmark case of United States of America v. Walter Nelson, 356 F.3d 719 (6th Cir. 2004), the...

Effective Counsel and Allocution Rights Affirmed in Felon Firearm Possession Case

Date: Jan 28, 2004

Effective Counsel and Allocution Rights Affirmed in Felon Firearm Possession Case Introduction The case of United States of America v. Jermaine Cortez Carter (355 F.3d 920) adjudicated by the United...

Joint Representation and Conflict of Interest: Sixth Amendment Implications in McFarland v. Yukins

Date: Jan 24, 2004

Joint Representation and Conflict of Interest: Sixth Amendment Implications in McFarland v. Yukins Introduction In Paula McFarland v. Joan Yukins, 356 F.3d 688 (6th Cir. 2004), the United States...

Sixth Circuit Expansion of Section 1983 Liability to Include Conspiracies Involving Municipal and Private Security Actors

Date: Jan 22, 2004

Sixth Circuit Expansion of Section 1983 Liability to Include Conspiracies Involving Municipal and Private Security Actors Introduction The case of Memphis, Tennessee Area Local, American Postal...

Defining Terrorist Activity and Knowledge in Immigration Law: Insights from Daneshvar v. Ashcroft

Date: Jan 21, 2004

Defining Terrorist Activity and Knowledge in Immigration Law: Insights from Daneshvar v. Ashcroft Introduction Daneshvar v. Ashcroft, 355 F.3d 615 (6th Cir. 2004), is a pivotal case in U.S....

Philip Morris Incorporated v. Multiple Vending Companies: A New Precedent under the Robinson-Patman Act

Date: Jan 16, 2004

Philip Morris Incorporated v. Multiple Vending Companies: A New Precedent under the Robinson-Patman Act Introduction In the landmark case of James A. Lewis, doing business as B H Vendors; Penn...

Witham v. United States: Limits on Habeas Corpus Relief for Court-Martial Convictions under 28 U.S.C. §2241

Date: Jan 15, 2004

Witham v. United States: Limits on Habeas Corpus Relief for Court-Martial Convictions under 28 U.S.C. §2241 Introduction Witham v. United States, 355 F.3d 501 (6th Cir. 2004), addresses the scope of...

Independent Contractor Status Limits Discrimination Claims: Shah v. Deaconess Hospital

Date: Jan 15, 2004

Independent Contractor Status Limits Discrimination Claims: Shah v. Deaconess Hospital Introduction The case of Bhanukumar C. Shah v. Deaconess Hospital serves as a pivotal precedent in employment...

Emotional Distress Damages Recognized under FLSA Retaliation Claims: Moore v. Freeman

Date: Jan 14, 2004

Emotional Distress Damages Recognized under FLSA Retaliation Claims: Moore v. Freeman Introduction Moore v. Freeman is a landmark case decided by the United States Court of Appeals for the Sixth...

Affirmed Summary Judgment on ADA and ADEA Claims: Standards for Reasonable Accommodation and Pretext in Discrimination Cases

Date: Jan 10, 2004

Affirmed Summary Judgment on ADA and ADEA Claims: Standards for Reasonable Accommodation and Pretext in Discrimination Cases Introduction In the case of Joanne Hedrick v. Western Reserve Care System...

Strict Accrual Interpretation of Kentucky's Borrowing Statute Upheld in Combs II v. International Insurance Company

Date: Jan 7, 2004

Strict Accrual Interpretation of Kentucky's Borrowing Statute Upheld in Combs II v. International Insurance Company Introduction In the appellate decision Brownell Combs, II, Administrator C.T.A. of...

Preemption of State-Law Tort Claims Under §301 LMRA: Insights from Mattis v. Massman & General Motors Corp.

Date: Jan 7, 2004

Preemption of State-Law Tort Claims Under §301 LMRA: Insights from Mattis v. Massman & General Motors Corp. Introduction The case of James Mattis v. David Massman and General Motors Corporation (355...

Perry v. Jaguar of Troy: Affirmation of Employer’s Right under FMLA Compliance Standards

Date: Dec 31, 2003

Perry v. Jaguar of Troy: Affirmation of Employer’s Right under FMLA Compliance Standards Introduction Perry v. Jaguar of Troy is a significant appellate decision by the United States Court of Appeals...

Exigent Circumstances and Warrantless Entry: Insights from United States v. Williams et al.

Date: Dec 30, 2003

Exigent Circumstances and Warrantless Entry: Insights from United States v. Williams et al. Introduction The case of United States of America v. Hunter Lee Williams, Nicholas Edward George, and...

Reaffirming the Duty to Investigate Mitigating Evidence: A Detailed Commentary on Da v. d HAMBLIN

Date: Dec 30, 2003

Reaffirming the Duty to Investigate Mitigating Evidence: A Detailed Commentary on Da v. d HAMBLIN Introduction The case of Da v. d HAMBLIN, 354 F.3d 482 (6th Cir. 2003), serves as a pivotal judicial...