6th Circuit Case Commentaries

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

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

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)

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

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

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

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

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

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.

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

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

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

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...

Refusal to Accept COVID-19 Vaccination Precludes Compassionate Release Under Amended Guideline § 1B1.13 – A Commentary on United States v. Marcus Pryor

Date: Jun 18, 2025

Refusal to Accept COVID-19 Vaccination Precludes Compassionate Release Under Amended Guideline § 1B1.13 Comprehensive Commentary on United States v. Marcus Pryor, 6th Cir. (June 13 2025) I....

United States v. Smith: Sixth Circuit Reasserts Deferential Review and District-Court Discretion in Retroactive Amendment 821 Sentence Reductions

Date: Jun 18, 2025

United States v. Smith: Sixth Circuit Reasserts Deferential Review and District-Court Discretion in Retroactive Amendment 821 Sentence Reductions Introduction United States v. Odell P. Smith, Jr....

United States v. Grady: Clarifying “Minimal Indicia of Reliability” and the Sliding-Scale Test for Relevant Conduct under U.S.S.G. § 2K2.1(b)(6)(B)

Date: Jun 18, 2025

United States v. Grady: Clarifying “Minimal Indicia of Reliability” and the Sliding-Scale Test for Relevant Conduct under U.S.S.G. § 2K2.1(b)(6)(B) Introduction In United States v. Zacquon D. Grady,...

United States v. Hood: Affirming Upward Variances for Domestic-Violence Violations of Supervised Release

Date: Jun 18, 2025

United States v. Hood: Affirming Upward Variances for Domestic-Violence Violations of Supervised Release Introduction United States v. Antonio L. Hood (6th Cir. 2025) concerns the scope of a district...

Strict Enforcement of Prior-Knowledge Exclusions in Professional Liability Policies: A Commentary on Fives ST Corp. v. Allied World Surplus Lines Ins. Co.

Date: Jun 11, 2025

Strict Enforcement of Prior-Knowledge Exclusions in Professional Liability Policies: Commentary on Fives ST Corp. v. Allied World Surplus Lines Insurance Co. Introduction On 10 June 2025, the United...

Post-Chiaverini Qualified-Immunity Shield: Sixth Circuit Affirms Summary Judgment in Rasawehr v. Grey

Date: Jun 11, 2025

Post-Chiaverini Qualified-Immunity Shield: Sixth Circuit Affirms Summary Judgment in Rasawehr v. Grey Introduction Jeffrey Rasawehr, an outspoken critic of the Mercer County (Ohio) Sheriff’s Office,...

United States v. Rollins: Sixth Circuit Reaffirms District Courts’ Broad Discretion in Guideline-Reduction Motions After Amendment 821

Date: Jun 11, 2025

United States v. Rollins: Sixth Circuit Reaffirms District Courts’ Broad Discretion in Guideline-Reduction Motions After Amendment 821 Introduction United States v. Curtis Rollins, decided by the...