6th Circuit Case Commentaries

Affirmation of Habeas Corpus Dismissal in DENNIS v. MITCHELL: Juror Impartiality and Peremptory Challenge Standards Reinforced

Date: Dec 30, 2003

Affirmation of Habeas Corpus Dismissal in DENNIS v. MITCHELL: Juror Impartiality and Peremptory Challenge Standards Reinforced Introduction The case of Adremy Dennis v. Betty Mitchell, 354 F.3d 511...

Affirmation of the Establishment Clause: A Comprehensive Analysis of ACLU of Kentucky v. McCreary County

Date: Dec 19, 2003

Affirmation of the Establishment Clause: A Comprehensive Analysis of ACLU of Kentucky v. McCreary County Introduction The case of American Civil Liberties Union of Kentucky, et al. v. McCreary...

Procedural Default and Ineffective Assistance of Counsel: Analysis of Willis v. Da

Date: Dec 17, 2003

Procedural Default and Ineffective Assistance of Counsel: Analysis of Willis v. Da Introduction In the landmark case of Barry Anthony Willis v. Da, adjudicated by the United States Court of Appeals...

Limitation of Successive §2255 Motions to New Constitutional Rules: Paulino v. United States

Date: Dec 11, 2003

Limitation of Successive §2255 Motions to New Constitutional Rules: Paulino v. United States Introduction Juan Leonardo Paulino v. United States of America, 352 F.3d 1056 (6th Cir. 2003), is a...

Clarifying the Statute of Limitations and Continuing Violations in 42 U.S.C. §§ 1981 and 1983 Discrimination Claims: Bell v. Ohio State University

Date: Dec 10, 2003

Clarifying the Statute of Limitations and Continuing Violations in 42 U.S.C. §§ 1981 and 1983 Discrimination Claims: Bell v. Ohio State University Introduction Sheila J. Bell filed a lawsuit against...

Affirmation of In Absentia Removal and Upholding Summary Affirmance Procedures: S v. Denko

Date: Dec 9, 2003

Affirmation of In Absentia Removal and Upholding Summary Affirmance Procedures: S v. Denko Introduction In the case of Svitlana Denko v. Immigration and Naturalization Service, decided by the United...

Reevaluation of Ineffective Assistance of Counsel Standards: Hudson v. Jones

Date: Dec 4, 2003

Reevaluation of Ineffective Assistance of Counsel Standards: Hudson v. Jones Introduction The case of David Hudson v. Kurt Jones, adjudicated by the United States Court of Appeals for the Sixth...

Ripeness and Federal Preemption in Consumer Protection: The Ammex, Inc. v. Michigan Attorney General Decision

Date: Dec 4, 2003

Ripeness and Federal Preemption in Consumer Protection: The Ammex, Inc. v. Michigan Attorney General Decision Introduction Ammex, Inc., a Michigan-based corporation operating a duty-free store...

Clarifying Issue and Claim Preclusion in §1983 Claims: Stemler and Chipman v. Florence

Date: Dec 3, 2003

Clarifying Issue and Claim Preclusion in §1983 Claims: Stemler and Chipman v. Florence 1. Introduction The case of Susan Stemler and William Chipman v. City of Florence et al. adjudicated by the...

Sixth Circuit Upholds Correctional Work Rules Restricting Employee Associations with Offenders

Date: Dec 2, 2003

Sixth Circuit Upholds Correctional Work Rules Restricting Employee Associations with Offenders Introduction The case of Dawn Akers; Kim Loranger; United Automobile, Aerospace, and Agricultural...

Affirming Reasonable Time Limits on Mandatory Detention of Deportable Criminal Aliens Under IIRIRA § 236(c)

Date: Nov 27, 2003

Affirming Reasonable Time Limits on Mandatory Detention of Deportable Criminal Aliens Under IIRIRA § 236(c) Introduction The case of Hoang Minh Ly v. Mark B. Hansen, James Ziglar, and John Ashcroft...

Broad Interpretation of 'Arising Out Of' in Arbitration Clauses Upheld: No Waiver of Arbitration Rights

Date: Nov 26, 2003

Broad Interpretation of 'Arising Out Of' in Arbitration Clauses Upheld: No Waiver of Arbitration Rights Introduction The appellate case, Highlands Wellmont Health Network, Inc. v. John Deere Health...

Highland Capital v. Franklin National Bank: Clarifying the Burden of Proof for §1972 Anti-Tying Claims

Date: Nov 26, 2003

Highland Capital v. Franklin National Bank: Clarifying the Burden of Proof for §1972 Anti-Tying Claims Introduction Highland Capital, Inc. v. Franklin National Bank, 350 F.3d 558 (6th Cir. 2003), is...

Standing and Mootness in Eighth Amendment Medical Care Claims: Bowman v. Corrections Corporation of America

Date: Nov 22, 2003

Standing and Mootness in Eighth Amendment Medical Care Claims: Bowman v. Corrections Corporation of America Introduction Patricia Bowman v. Corrections Corporation of America (CCA) is a pivotal case...

Effective Counsel Obligations During Critical Stages: Sixth Circuit Upholds Habeas Relief in Caver v. Straub

Date: Nov 20, 2003

Effective Counsel Obligations During Critical Stages: Sixth Circuit Upholds Habeas Relief in Caver v. Straub Introduction In the landmark case of Robert Lee Caver v. Dennis M. Straub, 349 F.3d 340...

Reversing Summary Judgment in First Amendment Retaliation Case: Leary and Williams v. Daeschner

Date: Nov 20, 2003

Reversing Summary Judgment in First Amendment Retaliation Case: Leary and Williams v. Daeschner Introduction In the landmark case of Mary Elizabeth Leary and Glenda H. Williams v. Stephen Daeschner,...

Newton v. Million: Strengthening Self-Defense Jury Instructions Against Multiple Aggressors

Date: Nov 18, 2003

Newton v. Million: Strengthening Self-Defense Jury Instructions Against Multiple Aggressors Introduction Billy Dewayne Newton, petitioner-appellee, faced serious criminal charges following a violent...

Valid Search Warrants and the Voluntariness of Confessions: An Analysis of Johnson v. United States

Date: Nov 15, 2003

Valid Search Warrants and the Voluntariness of Confessions: An Analysis of Johnson v. United States Introduction United States of America v. Maurice A. Johnson (351 F.3d 254) is a pivotal case...

Affirmation of Summary Judgment and Reconsideration of Attorney Fees in Gender Discrimination Case

Date: Nov 14, 2003

Affirmation of Summary Judgment and Reconsideration of Attorney Fees in Gender Discrimination Case Introduction The case Judy Gettings v. Building Laborers Local 310 Fringe Benefits Fund presents a...

Six-Year Age Difference Threshold in Prima Facie Age Discrimination: Grosjean v. First Energy

Date: Nov 14, 2003

Six-Year Age Difference Threshold in Prima Facie Age Discrimination: Grosjean v. First Energy Introduction In the landmark case of William Grosjean v. First Energy Corporation; Toledo Edison Energy,...