6th Circuit Case Commentaries

Temporal Scope of the EFAA Clarified: Disputes Arising or Claims Accruing Post-Enactment Are Non-Arbitrable

Date: Apr 19, 2025

Temporal Scope of the EFAA Clarified: Disputes Arising or Claims Accruing Post-Enactment Are Non-Arbitrable Introduction In Memmer v. United Wholesale Mortgage, LLC, the Sixth Circuit confronted its...

Clarifying District Courts’ Duty in Plea Negotiations and Acceptance: United States v. Ramel Drew

Date: Apr 19, 2025

Clarifying District Courts’ Duty in Plea Negotiations and Acceptance: United States v. Ramel Drew Introduction United States v. Ramel Drew, decided by the Sixth Circuit on April 18, 2025 (Case Nos....

Reaffirming the Bail Reform Act’s Detention Presumption for Child Exploitation Offenses: United States v. Preston Creed-Boehm

Date: Apr 19, 2025

Reaffirming the Bail Reform Act’s Detention Presumption for Child Exploitation Offenses: United States v. Preston Creed-Boehm Introduction United States v. Preston Creed-Boehm (6th Cir. 2025)...

Clarification of Mitigating-Role Adjustments Under U.S.S.G. §3B1.2: Comparative Analysis of Defendants’ Culpability

Date: Apr 19, 2025

Clarification of Mitigating-Role Adjustments Under U.S.S.G. §3B1.2: Comparative Analysis of Defendants’ Culpability Introduction United States v. Migdalia Matos Estrella, decided by the Sixth Circuit...

Dangerous-Persons Framework for Firearm Disarmament: Affirmation of 18 U.S.C. § 922(g)(1) under Bruen in United States v. Williams

Date: Apr 18, 2025

Dangerous-Persons Framework for Firearm Disarmament: Affirmation of 18 U.S.C. § 922(g)(1) under Bruen in United States v. Williams Introduction This commentary examines the Sixth Circuit’s April 17,...

Reaffirmation of Younger Abstention and the Narrow Scope of the Bad Faith Exception in Federal Pre‐Trial Injunctions

Date: Apr 18, 2025

Reaffirmation of Younger Abstention and the Narrow Scope of the Bad Faith Exception in Federal Pre‐Trial Injunctions Introduction Frost v. Nessel, No. 24-1132 (6th Cir. Apr. 17, 2025), is a Sixth...

Affirmation of Advisory Nature and Rational Basis for Methamphetamine Purity Conversion Ratio

Date: Apr 18, 2025

Affirmation of Advisory Nature and Rational Basis for Methamphetamine Purity Conversion Ratio Introduction This commentary examines the Sixth Circuit’s decision in United States v. Rocky Leland...

Establishing Nexus for Search Warrants Through Corroborated Informants and Occupant Declarations

Date: Apr 18, 2025

Establishing Nexus for Search Warrants Through Corroborated Informants and Occupant Declarations Introduction United States v. Reginald Hitchcock (6th Cir. 2025) arises from a Drug Enforcement...

Mandatory Dismissal of Time-Barred Dischargeability Complaints Filed In Forma Pauperis

Date: Apr 18, 2025

Mandatory Dismissal of Time-Barred Dischargeability Complaints Filed In Forma Pauperis 1. Introduction In Colebrook v. Thompson (In re Thompson), the Bankruptcy Appellate Panel for the Sixth Circuit...

Requiring Compelling Reasons and Specific Findings to Seal Court Records: The Sixth Circuit’s Mandate in Grae v. CoreCivic

Date: Apr 18, 2025

Requiring Compelling Reasons and Specific Findings to Seal Court Records: The Sixth Circuit’s Mandate in Grae v. CoreCivic 1. Introduction In Nikki Bollinger Grae et al. v. Corrections Corporation of...

Intrinsic Evidence and Rule 404(b): Sixth Circuit’s Clarification in United States v. Sadrinia

Date: Apr 17, 2025

Intrinsic Evidence and Rule 404(b): Sixth Circuit’s Clarification in United States v. Sadrinia Introduction United States v. Jay M. Sadrinia (6th Cir. April 16, 2025) arises from a tragic overdose...

State Officers’ Authority to Enforce Federal Drug Laws: Fourth Amendment Probable-Cause Vehicle Searches

Date: Apr 17, 2025

State Officers’ Authority to Enforce Federal Drug Laws: Fourth Amendment Probable-Cause Vehicle Searches Introduction United States v. Andre Whitlow is a decision of the Sixth Circuit Court of...

Removal Proceedings Priority Precludes Judicial Determination of Naturalization Applications

Date: Apr 17, 2025

Removal Proceedings Priority Precludes Judicial Determination of Naturalization Applications Introduction In Joseph Ebu v. U.S. Citizenship and Immigration Services (6th Cir. Apr. 16, 2025), the...

Respectful Consideration Standard for Consecutive Sentencing of Supervised-Release Violations

Date: Apr 16, 2025

Respectful Consideration Standard for Consecutive Sentencing of Supervised-Release Violations Introduction The Sixth Circuit’s decision in United States v. John Guevara-Rosado clarifies the...

Adequate Explanation of Consecutive Sentences for Supervised-Release Violations: Sixth Circuit Plain Error Standard

Date: Apr 16, 2025

Adequate Explanation of Consecutive Sentences for Supervised-Release Violations: Sixth Circuit Plain Error Standard Introduction This case arises from the Sixth Circuit’s review of John Luis...

Limitation of Surface Easement in Severed Mineral Estates: No Horizontal Off-Site Drilling Absent Express Consent

Date: Apr 15, 2025

Limitation of Surface Easement in Severed Mineral Estates: No Horizontal Off-Site Drilling Absent Express Consent Introduction The Sixth Circuit’s decision in EOG Resources, Inc. v. Lucky Land...

Affirming the Representative-Claim Requirement: Heightened Pleading Under Rule 9(b) for FCA Qui Tam Actions

Date: Apr 15, 2025

Affirming the Representative-Claim Requirement: Heightened Pleading Under Rule 9(b) for FCA Qui Tam Actions Introduction In U.S. ex rel. v. LHC Group, Inc., 25a0202n.06 (6th Cir. Apr. 14, 2025), the...

Clarifying Professional Services Exclusions and Natural‐Person Endorsements in Commercial Insurance Coverage

Date: Apr 15, 2025

Clarifying Professional Services Exclusions and Natural-Person Endorsements in Commercial Insurance Coverage Introduction This commentary examines the Sixth Circuit’s unpublished decision in Singh,...

Non-Hearsay Admission and Limiting Instructions Under the Confrontation Clause

Date: Apr 12, 2025

Non-Hearsay Admission and Limiting Instructions Under the Confrontation Clause Introduction The Sixth Circuit’s decision in Patrick Reed v. Harold May, decided April 11, 2025, addresses whether...

Inferring Specific Intent to Kill from Shooting into Occupied Vehicle Establishes Attempted Murder Enhancement under U.S.S.G. §2K2.1(c)

Date: Apr 12, 2025

Inferring Specific Intent to Kill from Shooting into Occupied Vehicle Establishes Attempted Murder Enhancement under U.S.S.G. §2K2.1(c) Introduction United States v. Katarena Moore is a Sixth Circuit...