6th Circuit Case Commentaries

Amended Judgments After § 2255: Direct Appeal Permitted, But ACCA Error Can Be Harmless and “Ransom” Includes Family-Hostage Demands

Date: Jul 30, 2026

Amended Judgments After § 2255: Direct Appeal Permitted, But ACCA Error Can Be Harmless and “Ransom” Includes Family-Hostage Demands 1. Introduction United States v. Michael Benanti (6th Cir. July...

Rule 605 Judicial-“Testimony” Error Is Subject to Rule 52(a) Harmless-Error Review (Substantial-Rights Standard)

Date: Jul 30, 2026

Rule 605 Judicial-“Testimony” Error Is Subject to Rule 52(a) Harmless-Error Review (Substantial-Rights Standard) 1. Introduction United States v. Chanel Lashae Logan (consolidated appeals involving...

Midstream Miranda in the Sixth Circuit: “Genuine Choice” Controls, Officer Intent Is Irrelevant, and No Duty Exists to Disclaim the Earlier Unwarned Confession

Date: Jul 30, 2026

Midstream Miranda in the Sixth Circuit: “Genuine Choice” Controls, Officer Intent Is Irrelevant, and No Duty Exists to Disclaim the Earlier Unwarned Confession Case: United States v. Jarvis Clayborn...

Hemwall v. Douglas: Attorney Health Issues Do Not Equitably Toll AEDPA Absent Proof They Prevented Timely Filing (But-For Causation)

Date: Jul 29, 2026

Hemwall v. Douglas: Attorney Health Issues Do Not Equitably Toll AEDPA Absent Proof They Prevented Timely Filing (But-For Causation) Court: United States Court of Appeals for the Sixth Circuit Date:...

Ambiguous Judicial Assurances Do Not Create a Rule 11(a)(2) Conditional Plea

Date: Jul 29, 2026

Ambiguous Judicial Assurances Do Not Create a Rule 11(a)(2) Conditional Plea (and Thus Do Not Preserve Pre-Plea Constitutional Claims) Case: United States v. Rishad Williams (aka Rashad Williams)...

“Described In” Means Conduct: Sixth Circuit Upholds State Drug Priors as Career-Offender Predicates After the End of Chevron

Date: Jul 29, 2026

“Described In” Means Conduct: Sixth Circuit Upholds State Drug Priors as Career-Offender Predicates After the End of Chevron I. Introduction In United States v. Cody Dewayne King (6th Cir. July 28,...

Victim Willingness Is Irrelevant to 18 U.S.C. § 2422(b) Enticement; Chat Logs Alone Can Prove § 2251(a) Production Causation

Date: Jul 29, 2026

Victim Willingness Is Irrelevant to 18 U.S.C. § 2422(b) Enticement; Chat Logs Alone Can Prove § 2251(a) Production Causation I. Introduction In United States v. Justin Carroll (6th Cir. July 28,...

Harmless Legal Misstatements at Revocation: Factual Finding of Two-Week Cohabitation Establishes Tennessee Sex-Offender “Primary Residence” Non-Registration

Date: Jul 29, 2026

Harmless Legal Misstatements at Revocation: Factual Finding of Two-Week Cohabitation Establishes Tennessee Sex-Offender “Primary Residence” Non-Registration Case: United States v. Christopher Clough...

Guarantor Fee Liability Vacated Pending Determination Whether Contractual Attorneys’ Fees Are Part of Senior Secured Debt Subject to Intercreditor Priority Allocation

Date: Jul 29, 2026

Guarantor Fee Liability Vacated Pending Determination Whether Contractual Attorneys’ Fees Are Part of Senior Secured Debt Subject to Intercreditor Priority Allocation 1. Introduction Mueller Brass...

Forfeiture of Niz-Chavez Notice-to-Appear Claims-Processing Objections Raised After IJ Proceedings

Date: Jul 29, 2026

Forfeiture of Niz-Chavez Notice-to-Appear Claims-Processing Objections Raised After IJ Proceedings 1. Introduction In Socorro Perez-Hernandez v. Todd W. Blanche, Acting U.S. Attorney General (6th...

Sixth Circuit Reaffirms the “Severe or Pervasive” Hostile-Environment Standard After Muldrow and Rejects § 504 Rehabilitation Act Retaliation

Date: Jul 28, 2026

Sixth Circuit Reaffirms the “Severe or Pervasive” Hostile-Environment Standard After Muldrow and Rejects § 504 Rehabilitation Act Retaliation Case: Tara Miller v. VA, No. 25-1544 (6th Cir. July 27,...

Medicare Hospice Safe Harbor Requires a Claim-Specific “Reasonable Interpretation” Inquiry, Not Mere Imputed Knowledge of CMS Notices

Date: Jul 28, 2026

Medicare Hospice Safe Harbor Requires a Claim-Specific “Reasonable Interpretation” Inquiry, Not Mere Imputed Knowledge of CMS Notices Case: In Home Health, LLC v. Robert Kennedy, Jr. (6th Cir. July...

Younger Abstention Bars Federal Injunctions Against Ongoing State Contempt Orders in Domestic-Relations Cases; Nonfinal Monell Dismissals Are Not Appealable Without Rule 54(b)

Date: Jul 28, 2026

Younger Abstention Bars Federal Injunctions Against Ongoing State Contempt Orders in Domestic-Relations Cases; Nonfinal Monell Dismissals Are Not Appealable Without Rule 54(b) 1. Introduction Case:...

Settlement Releases Waive Only Vicarious “Pass-Through” Claims—Independent Inspection-Duty Claims Against a Non-Settling Party Survive

Date: Jul 28, 2026

Settlement Releases Waive Only Vicarious “Pass-Through” Claims—Independent Inspection-Duty Claims Against a Non-Settling Party Survive Case: Bizzack Constr., LLC v. TRC Eng'rs, Inc. (6th Cir. July...

Sixth Circuit Requires Apparent Aggregate-Risk Analysis for CAT Claims and Adequate Explanation for Inconsistent Expert-Qualification Rulings

Date: Jul 26, 2026

Sixth Circuit Requires Apparent Aggregate-Risk Analysis for CAT Claims and Adequate Explanation for Inconsistent Expert-Qualification Rulings I. Introduction In Maher Sabri Hanna v. Todd W. Blanche,...

Overbreadth Without Prejudice: Two-Step Digital Warrants and Mandatory Consideration of Acquitted-Conduct Objections at Sentencing (Sixth Circuit)

Date: Jul 26, 2026

Overbreadth Without Prejudice: Two-Step Digital Warrants and Mandatory Consideration of Acquitted-Conduct Objections at Sentencing (Sixth Circuit) Case: United States v. Martin Murff (consolidated...

Recruitment Travel Can Satisfy § 2421 “Dominant Purpose” Intent; Firearms, Isolation, and Threat Displays Establish § 1591 Coercion

Date: Jul 25, 2026

Recruitment Travel Can Satisfy § 2421 “Dominant Purpose” Intent; Firearms, Isolation, and Threat Displays Establish § 1591 Coercion I. Introduction In United States v. Portier Govan (6th Cir. July...

Independent Non-Retaliatory Basis Rule: Unauthorized Coworker Recording Defeats Title VII/§ 1981 Retaliation at Pretext

Date: Jul 25, 2026

Independent Non-Retaliatory Basis Rule: Unauthorized Coworker Recording Defeats Title VII/§ 1981 Retaliation at Pretext I. Introduction In Dennis Loggins v. Costco Wholesale Corporation (6th Cir....

United States v. Paul Spivak — Sixth Circuit Clarifies: Indictment Notice for Wire Fraud May Rely on Incorporation-by-Reference Plus Transaction Charts; Plea-Withdrawal and Rule 11 Factual-Basis Standards Remain Demanding

Date: Jul 25, 2026

Indictment Notice for Wire Fraud May Rely on Incorporation-by-Reference Plus Transaction Charts; Written Plea Addenda Can Supply Rule 11 Factual Bases 1. Introduction In United States v. Paul Spivak...

Outstanding Warrants and Provoked Flight Do Not Eliminate Fourth Amendment Protection Against Unreasonable Seizures

Date: Jul 25, 2026

Outstanding Warrants and Provoked Flight Do Not Eliminate Fourth Amendment Protection Against Unreasonable Seizures 1. Introduction Brian Eugene Hux v. Randall Williams (Sixth Circuit, July 22, 2026)...