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  • Commentaries
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6th Circuit Case Commentaries


        Sixth Circuit Clarifies Two Key Points: 
        (1) § 3742(a) Does Not Bar Appeals from Denials of Early-Termination Motions, and 
        (2) District Courts Must Show Consideration of § 3553(a) Factors When They Deny Early Termination of Supervised Release

Sixth Circuit Clarifies Two Key Points: (1) § 3742(a) Does Not Bar Appeals from Denials of Early-Termination Motions, and (2) District Courts Must Show Consideration of § 3553(a) Factors When They Deny Early Termination of Supervised Release

Date: Jun 30, 2025
United States v. Edwin Tavarez – A New Framework for Early Termination of Supervised Release in the Sixth Circuit Introduction In United States v. Edwin Tavarez, No. 23-3666 (6th Cir. 2025), the...
“Disclosure, Not Suppression” – Sixth Circuit Clarifies Party Speech Rules in Boone County Republican Party v. Wallace

“Disclosure, Not Suppression” – Sixth Circuit Clarifies Party Speech Rules in Boone County Republican Party v. Wallace

Date: Jun 23, 2025
“Disclosure, Not Suppression” – Sixth Circuit Clarifies Party Speech Rules in Boone County Republican Party v. Wallace 1. Introduction The Sixth Circuit’s order in Boone County Republican Party...
The Sixth Circuit’s “Retention-as-Infringement” Doctrine: Post-Seizure Holding of Lawfully-Owned Firearms Implicates the Second Amendment and the Takings Clause (Commentary on Novak v. Federspiel, 25a0162p.06)

The Sixth Circuit’s “Retention-as-Infringement” Doctrine: Post-Seizure Holding of Lawfully-Owned Firearms Implicates the Second Amendment and the Takings Clause (Commentary on Novak v. Federspiel, 25a0162p.06)

Date: Jun 23, 2025
The Sixth Circuit’s “Retention-as-Infringement” Doctrine: Post-Seizure Holding of Lawfully-Owned Firearms Implicates the Second Amendment and the Takings Clause Introduction In Gerald Novak; Adam...
Server Location Alone Does Not Create Specific Personal Jurisdiction – Commentary on Carbone v. Kaal (6th Cir. 2025)

Server Location Alone Does Not Create Specific Personal Jurisdiction – Commentary on Carbone v. Kaal (6th Cir. 2025)

Date: Jun 23, 2025
Server Location Alone Does Not Create Specific Personal Jurisdiction:  Robert Carbone v. Wulf Kaal, 25a0161p.06 (6th Cir. 2025) 1. Introduction In Robert Carbone v. Wulf Kaal, the U.S. Court of...
United States v. Bowman: Clerical Errors Do Not Pierce the Presumption of Validity—Re-calibrating the Threshold for Franks Hearings in the Sixth Circuit

United States v. Bowman: Clerical Errors Do Not Pierce the Presumption of Validity—Re-calibrating the Threshold for Franks Hearings in the Sixth Circuit

Date: Jun 23, 2025
United States v. Bowman: Clerical Errors Do Not Pierce the Presumption of Validity—Re-calibrating the Threshold for Franks Hearings in the Sixth Circuit Introduction In United States v. Christopher...
Gardner v. Flagstar: Sixth Circuit Rejects “Failure-to-Read” Defense and Requires Jury Trial When Bank-Fee Contracts Are Ambiguous

Gardner v. Flagstar: Sixth Circuit Rejects “Failure-to-Read” Defense and Requires Jury Trial When Bank-Fee Contracts Are Ambiguous

Date: Jun 23, 2025
Gardner v. Flagstar: Sixth Circuit Rejects “Failure-to-Read” Defense and Requires Jury Trial When Bank-Fee Contracts Are Ambiguous 1. Introduction In Veronica Gardner v. Flagstar Bank, FSB, No....
“No Relation-Back” Deportation:  Sixth Circuit Holds §1227(a)(2)(E)(i) Inapplicable to Crimes Committed while an Alien Was a Naturalized Citizen

“No Relation-Back” Deportation: Sixth Circuit Holds §1227(a)(2)(E)(i) Inapplicable to Crimes Committed while an Alien Was a Naturalized Citizen

Date: Jun 20, 2025
“No Relation-Back” Deportation: Sixth Circuit Holds §1227(a)(2)(E)(i) Inapplicable to Crimes Committed while an Alien Was a Naturalized Citizen 1. Introduction In Elfido Gonzalez Castillo v. Pamela...
Convicted as a Citizen, Not Deportable as an Alien: Sixth Circuit Extends Costello to INA §1227(a)(2)(E)(i)

Convicted as a Citizen, Not Deportable as an Alien: Sixth Circuit Extends Costello to INA §1227(a)(2)(E)(i)

Date: Jun 20, 2025
Convicted as a Citizen, Not Deportable as an Alien: Sixth Circuit Extends Costello to INA § 1227(a)(2)(E)(i) Introduction The United States Court of Appeals for the Sixth Circuit, in Elfido Gonzalez...
“Citizen-at-Conviction” Shield: The Sixth Circuit Re-affirms Limits on § 1227 Child-Abuse Removability After Denaturalization

“Citizen-at-Conviction” Shield: The Sixth Circuit Re-affirms Limits on § 1227 Child-Abuse Removability After Denaturalization

Date: Jun 20, 2025
“Citizen-at-Conviction” Shield: The Sixth Circuit Re-affirms Limits on § 1227 Child-Abuse Removability After Denaturalization Introduction Elfido Gonzalez Castillo, a Mexican national who had...
“Collaborative Sentencing and Deferred Specification” – The Sixth Circuit’s New Rule in United States v. Lockridge

“Collaborative Sentencing and Deferred Specification” – The Sixth Circuit’s New Rule in United States v. Lockridge

Date: Jun 20, 2025
“Collaborative Sentencing and Deferred Specification” – The Sixth Circuit’s New Rule in United States v. Lockridge Introduction In United States v. Daniel Lockridge, No. 24-5784 (6th Cir. 2025), the...
Re-affirming AEDPA Deference and Rejecting the “Easily Movable Object” DNA Rule: Commentary on Gregory Tucker v. Noah Nagy (6th Cir. 2025)

Re-affirming AEDPA Deference and Rejecting the “Easily Movable Object” DNA Rule: Commentary on Gregory Tucker v. Noah Nagy (6th Cir. 2025)

Date: Jun 20, 2025
Re-affirming AEDPA Deference and Rejecting the “Easily Movable Object” DNA Rule Commentary on Gregory Tucker v. Noah Nagy, 24-1723 (6th Cir. June 17 2025) Introduction In Gregory Tucker v. Noah Nagy,...
When “Culture” Meets the Rules of Evidence:  The Sixth Circuit’s New Standard for Authenticating Post-Spoliation HR Records

When “Culture” Meets the Rules of Evidence: The Sixth Circuit’s New Standard for Authenticating Post-Spoliation HR Records

Date: Jun 20, 2025
When “Culture” Meets the Rules of Evidence: The Sixth Circuit’s New Standard for Authenticating Post-Spoliation HR Records Introduction Jeff L. Kean, a 59-year-old General Manager for Chili’s Grill &...
Helms v. Boyd County (6th Cir. 2025):  Audio-Only Witnesses, Active Resistance, and the Threshold for Excessive-Force Claims in Mental-Health Seizures

Helms v. Boyd County (6th Cir. 2025): Audio-Only Witnesses, Active Resistance, and the Threshold for Excessive-Force Claims in Mental-Health Seizures

Date: Jun 20, 2025
Helms v. Boyd County Sheriff’s Department: Sixth Circuit Clarifies the Evidentiary Bar for Excessive-Force Claims Based on Second-Hand Audio and Re-affirms the “Active Resistance” Standard in...
Cole v. Toledo Refining: Sixth Circuit Re-affirms Ohio’s Strict Expert-Testimony Requirement for “Internal” & “Down-Stream” Personal-Injury Claims

Cole v. Toledo Refining: Sixth Circuit Re-affirms Ohio’s Strict Expert-Testimony Requirement for “Internal” & “Down-Stream” Personal-Injury Claims

Date: Jun 20, 2025
Cole v. Toledo Refining Co., LLC Sixth Circuit Clarifies: Where Injuries Are Internally Complex or “Subjective,” All Derivative Harms Also Demand Qualified Expert Proof 1. Introduction Keith Cole, a...
“From Paper-Bag Drop to Hand-to-Hand Exchange” – Sixth Circuit Clarifies Reasonable-Suspicion Standards and Firearm–Narcotics Nexus in United States v. Delmar Jackson

“From Paper-Bag Drop to Hand-to-Hand Exchange” – Sixth Circuit Clarifies Reasonable-Suspicion Standards and Firearm–Narcotics Nexus in United States v. Delmar Jackson

Date: Jun 20, 2025
“From Paper-Bag Drop to Hand-to-Hand Exchange” – Sixth Circuit Clarifies Reasonable-Suspicion Standards and Firearm–Narcotics Nexus in United States v. Delmar Jackson Introduction United States v....
United States v. Joshua Brown: Clarifying When a Superseding Indictment Is NOT Presumptively Vindictive in the Sixth Circuit

United States v. Joshua Brown: Clarifying When a Superseding Indictment Is NOT Presumptively Vindictive in the Sixth Circuit

Date: Jun 20, 2025
United States v. Joshua Brown: Clarifying When a Superseding Indictment Is NOT Presumptively Vindictive in the Sixth Circuit Introduction United States v. Joshua Brown (No. 24-5199, 6th Cir. 2025) is...
Sixth Circuit Narrows “Pre-Emptive Retaliation” – Anthony Lee v. Dana Inc.

Sixth Circuit Narrows “Pre-Emptive Retaliation” – Anthony Lee v. Dana Inc.

Date: Jun 18, 2025
Anthony Lee v. Dana Inc.: Sixth Circuit Clarifies the Evidentiary Burden for “Pre-Emptive Retaliation” under Title VII and Michigan’s ELCRA 1. Introduction Anthony Lee, a long-term Black employee at...
“Bringing-the-Parcel-Inside” as a Sufficient Trigger: Sixth Circuit’s Refined Limits on Franks Hearings and Anticipatory Warrants in United States v. Kendrick Watson

“Bringing-the-Parcel-Inside” as a Sufficient Trigger: Sixth Circuit’s Refined Limits on Franks Hearings and Anticipatory Warrants in United States v. Kendrick Watson

Date: Jun 18, 2025
“Bringing-the-Parcel-Inside” as a Sufficient Trigger: Sixth Circuit’s Refined Limits on Franks Hearings and Anticipatory Warrants in United States v. Kendrick Watson I. Introduction In an unpublished...
“Report-First” Requirement Reaffirmed: Castanon Bamaca v. Bondi and the Government-Unwillingness Standard in Private-Actor Persecution Claims

“Report-First” Requirement Reaffirmed: Castanon Bamaca v. Bondi and the Government-Unwillingness Standard in Private-Actor Persecution Claims

Date: Jun 18, 2025
“Report-First” Requirement Reaffirmed: Castanon Bamaca v. Bondi and the Government-Unwillingness Standard in Private-Actor Persecution Claims Introduction Castanon Bamaca v. Bondi (6th Cir. 2025)...
“Continuation Isn’t Change” – Sixth Circuit Clarifies Post-Loper Bright Review of BIA Motions to Reopen

“Continuation Isn’t Change” – Sixth Circuit Clarifies Post-Loper Bright Review of BIA Motions to Reopen

Date: Jun 18, 2025
“Continuation Isn’t Change” – Sixth Circuit Clarifies Post-Loper Bright Review of BIA Motions to Reopen Introduction In Raed Zakariya v. Pamela Bondi, Case No. 24-4082 (6th Cir. June 13, 2025), the...
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