6th Circuit Case Commentaries

Sixth Circuit: CJA Investigative Funding Requires Specific, Defense-Tied Necessity; No Evidentiary Hearing Absent Contested Facts

Date: Jan 8, 2026

Sixth Circuit: CJA Investigative Funding Requires Specific, Defense-Tied Necessity; No Evidentiary Hearing Absent Contested Facts I. Introduction In United States v. Udell Carroll, III (6th Cir. Jan....

United States v. Hill: Sixth Circuit Reaffirms (1) No Reversal for Single-to-Multiple Conspiracy Variance Without Proof of Prejudice, (2) Constructive Possession via Dominion Over Drug Premises, and (3) No Presumed Jury Prejudice After a Full Remmer Hearing

Date: Jan 8, 2026

United States v. Hill: Sixth Circuit Reaffirms (1) No Reversal for Single-to-Multiple Conspiracy Variance Without Proof of Prejudice, (2) Constructive Possession via Dominion Over Drug Premises, and...

Extensive-Fraud Loss Attribution: Including Cash and Unattributed (Blank) Money Orders Absent a Credible Legitimate Source Showing

Date: Jan 8, 2026

Extensive-Fraud Loss Attribution: Including Cash and Unattributed (Blank) Money Orders Absent a Credible Legitimate Source Showing I. Introduction In United States v. Fatai Okunola (6th Cir. Jan. 6,...

Exterior Camera Surveillance at a Storage Facility Is Not a Fourth Amendment Search Absent Trespass or a Reasonable Expectation of Privacy

Date: Jan 7, 2026

Exterior Camera Surveillance at a Storage Facility Is Not a Fourth Amendment Search Absent Trespass or a Reasonable Expectation of Privacy Case: United States v. Orlando Bernard Easter (6th Cir. Jan....

Termination for Timekeeping Discrepancies Is Not an ADA “Failure to Accommodate” Absent a Denied Accommodation, and Pretext Fails Under the Honest-Belief Rule

Date: Jan 7, 2026

Termination for Timekeeping Discrepancies Is Not an ADA “Failure to Accommodate” Absent a Denied Accommodation, and Pretext Fails Under the Honest-Belief Rule I. Introduction In William Shears v....

United States v. David Johnson: Admitting “Secondary-Evidence” Summary Slides and Treating Written Summary Contempt Orders as Immediately Appealable Final Judgments

Date: Jan 7, 2026

United States v. David Johnson: Admitting “Secondary-Evidence” Summary Slides and Treating Written Summary Contempt Orders as Immediately Appealable Final Judgments Court: Court of Appeals for the...

United States v. Johnson — Contempt Orders Are Immediately Appealable; Expert PowerPoint Slides May Be Admitted as Secondary-Evidence Summaries

Date: Jan 7, 2026

United States v. Johnson: Criminal Contempt Orders Are Immediately Appealable (14-Day Deadline), and Expert PowerPoint Slides May Be Admitted as “Secondary-Evidence Summaries” When Backed by Admitted...

No Flores-Ortega Duty to Consult Where Defendant Did Not Instruct an Appeal and Received a Substantial Downward-Variance Sentence Under an Appeal-Waiver Plea

Date: Jan 7, 2026

No Flores-Ortega Duty to Consult Where Defendant Did Not Instruct an Appeal and Received a Substantial Downward-Variance Sentence Under an Appeal-Waiver Plea Introduction In John Rankin v. United...

Wire-Fraud “Scheme” Completes Upon Misrepresentation, Supporting Money-Laundering Counts and Full-Donation Loss in Charitable-Donation Fraud

Date: Jan 1, 2026

Wire-Fraud “Scheme” Completes Upon Misrepresentation, Supporting Money-Laundering Counts and Full-Donation Loss in Charitable-Donation Fraud Introduction In United States v. Sir Maejor Page (6th Cir....

In re Humana, Inc.: Rule 23(f) Review Denied Where Consent Disputes, Ascertainability Methodology, and Fail-Safe Allegations Do Not Show Abuse of Discretion

Date: Jan 1, 2026

In re Humana, Inc.: Rule 23(f) Review Denied Where Consent Disputes, Ascertainability Methodology, and Fail-Safe Allegations Do Not Show Abuse of Discretion 1. Introduction Case: In re Humana, Inc.,...

United States v. Hunter: Preserving the “Breach of Trust” Rationale in Supervised Release Revocations After Esteras

Date: Dec 28, 2025

United States v. Hunter: Preserving the “Breach of Trust” Rationale in Supervised Release Revocations After Esteras I. Introduction The Sixth Circuit’s decision in United States v. Justice Hunter,...

But-For Causation and Chain-of-Distribution Liability in Multi-Drug Overdose Cases: Commentary on United States v. Brock

Date: Dec 27, 2025

But-For Causation and Chain-of-Distribution Liability in Multi-Drug Overdose Cases: Commentary on United States v. Leslie Brock (6th Cir. 2025) I. Introduction The Sixth Circuit’s unpublished...

United States v. Swanagan & Reed: Sixth Circuit Strikes § 3559(c)(2)(F) Residual Clause and Narrows “Serious Violent Felony” Enhancements Under 21 U.S.C. § 841

Date: Dec 27, 2025

United States v. Swanagan & Reed: Sixth Circuit Strikes § 3559(c)(2)(F) Residual Clause and Narrows “Serious Violent Felony” Enhancements Under 21 U.S.C. § 841 I. Introduction This published Sixth...

Vagueness, “Serious Violent Felonies,” and Drug Sentencing: A Commentary on United States v. Reed & Swanagan

Date: Dec 27, 2025

Vagueness, “Serious Violent Felonies,” and Drug Sentencing: A Commentary on United States v. Courtland Reed & Cedric Swanagan Introduction In this published decision, the Sixth Circuit addresses a...

Prime Financial, Inc. v. Shapiro: Codifying the Bard Factors and Clarifying Trustee Discretion in Chapter 7 Settlements

Date: Dec 27, 2025

Prime Financial, Inc. v. Shapiro: Codifying the Bard Factors and Clarifying Trustee Discretion in Chapter 7 Settlements I. Introduction The Sixth Circuit’s published decision in Prime Financial, Inc....

K9 Marijuana Alerts and Ambiguous “Gun” References After Hemp Legalization: A Commentary on United States v. Saine (6th Cir. 2025)

Date: Dec 27, 2025

K9 Marijuana Alerts and Ambiguous “Gun” References After Hemp Legalization: A Commentary on United States v. Saine (6th Cir. 2025) I. Introduction In United States v. Ricco Saine, No. 24‑5638 (6th...

HRT Enterprises v. City of Detroit: Sixth Circuit Authorizes § 1988 Fees for Related State and Bankruptcy Proceedings but Bars Expert Fees in § 1983 Actions

Date: Dec 27, 2025

HRT Enterprises v. City of Detroit: Sixth Circuit Authorizes § 1988 Fees for Related State and Bankruptcy Proceedings but Bars Expert Fees in § 1983 Actions I. Introduction The Sixth Circuit’s...

Separate-but-Related Proceedings and Expert Fees under § 1988: Commentary on HRT Enterprises v. City of Detroit (6th Cir. 2025)

Date: Dec 27, 2025

Separate-but-Related Proceedings and Expert Fees under § 1988 in § 1983 Takings Litigation: A Commentary on HRT Enterprises v. City of Detroit I. Introduction HRT Enterprises v. City of Detroit,...

New Facts, New Takings: How Ongoing Government Conduct Can Defeat Preclusion and Finality in De Facto Takings — Commentary on HRT Enterprises v. City of Detroit

Date: Dec 27, 2025

New Facts, New Takings: How Ongoing Government Conduct Can Defeat Preclusion and Finality in De Facto Takings — Commentary on HRT Enterprises v. City of Detroit I. Introduction The Sixth Circuit’s...

When New Facts Defeat Preclusion in De Facto Takings: Commentary on HRT Enterprises v. City of Detroit

Date: Dec 27, 2025

When New Facts Defeat Preclusion in De Facto Takings: Commentary on HRT Enterprises v. City of Detroit I. Introduction This commentary examines the Sixth Circuit’s published decision in HRT...