6th Circuit Case Commentaries

Extending the Brady Duty: Forensic Scientists, Qualified Immunity, and the Disclosure Obligation

Date: Mar 11, 2025

Extending the Brady Duty: Forensic Scientists, Qualified Immunity, and the Disclosure Obligation Introduction The case of Jeffrey Dewayne Clark v. Louisville-Jefferson County Metro Government et al....

State Authority versus Personal Conscience: Affirming Constitutional Obligations in the Wake of Obergefell

Date: Mar 11, 2025

State Authority versus Personal Conscience: Affirming Constitutional Obligations in the Wake of Obergefell Introduction This commentary examines the United States Court of Appeals for the Sixth...

Adverse Credibility Determinations: The Fatal Flaw in Asylum and CAT Claims

Date: Mar 11, 2025

Adverse Credibility Determinations: The Fatal Flaw in Asylum, Withholding of Removal, and CAT Claims Introduction The case of Zuleima Ibarra-Rodallegas and N.A. v. Pamela Bondi, Attorney General...

Legitimate Grounds vs. Retaliatory Claims: Affirming Non‑Pretextual Terminations in the Wake of Surreptitious Recordings

Date: Mar 11, 2025

Legitimate Grounds vs. Retaliatory Claims: Affirming Non‑Pretextual Terminations in the Wake of Surreptitious Recordings Introduction The case of Kirstyn Paige Bashaw v. Majestic Care of Whitehall,...

New Precedent on Statute of Limitations and Pleading Standards in Correctional Facility Injury Claims

Date: Mar 11, 2025

New Precedent on Statute of Limitations and Pleading Standards in Correctional Facility Injury Claims Introduction The recent decision in Misty Coleman v. Hamilton County Board of County...

Reaffirming Constructive Possession and Clarifying Juror Misconduct: The Sixth Circuit’s Affirmance in United States v. Johnson

Date: Mar 11, 2025

Reaffirming Constructive Possession and Clarifying Juror Misconduct: The Sixth Circuit’s Affirmance in United States v. Johnson Introduction In the case of United States of America v. Fredrick...

Reinforcing Hostile Work Environment Standards: Recognizing Implicit Racial Harassment and Coworker Retaliation

Date: Mar 11, 2025

Reinforcing Hostile Work Environment Standards: Recognizing Implicit Racial Harassment and Coworker Retaliation Introduction The case of Jason Jones v. Fluor Facility & Plant Services presents a...

Eligibility for Zero-Point Offender Sentence Reduction: Clarifying the Incompatibility with Aggravating Role Adjustments

Date: Mar 11, 2025

Eligibility for Zero-Point Offender Sentence Reduction: Clarifying the Incompatibility with Aggravating Role Adjustments Introduction The case of United States of America v. Shahid Tahir addressed a...

Regulatory Takings and Routine Administrative Delays: Affirming That Normal Permitting Processes Do Not Constitute a Taking

Date: Mar 11, 2025

Regulatory Takings and Routine Administrative Delays: Affirming That Normal Permitting Processes Do Not Constitute a Taking Introduction The case of Richmond Road Partners, LLC; Step Forward v. City...

Affirming the Weight of Specialized CT Scan Evidence in Black Lung Claims

Date: Mar 11, 2025

Affirming the Weight of Specialized CT Scan Evidence in Black Lung Claims Introduction The case of Island Creek Coal Company v. Director, Office of Workers' Compensation Programs represents a pivotal...

New Precedent: Defining "Relevant Conduct" in Sentencing Enhancements for Drug Conspiracy Cases

Date: Mar 11, 2025

New Precedent: Defining "Relevant Conduct" in Sentencing Enhancements for Drug Conspiracy Cases Introduction This commentary examines the United States Court of Appeals, Sixth Circuit’s decision in...

Establishing De Facto Control in Drug-House Enhancement Sentencing

Date: Mar 11, 2025

Establishing De Facto Control in Drug-House Enhancement Sentencing Introduction The case of United States of America v. Jamil Barker presents a significant development in the application of...

Title X After Dobbs and Loper Bright: HHS May Condition and Withdraw Grants for Refusal to Provide Nondirective Abortion Referrals Upon Request

Date: Mar 11, 2025

Title X After Dobbs and Loper Bright: HHS May Condition and Withdraw Grants for Refusal to Provide Nondirective Abortion Referrals Upon Request Case: State of Tennessee v. Xavier Becerra (6th Cir....

ADA Accommodation Requests: Sixth Circuit Treats Failure to Use Employer’s Designated Process (After Repeated Referral) as No Request at All

Date: Mar 11, 2025

ADA Accommodation Requests: Sixth Circuit Treats Failure to Use Employer’s Designated Process (After Repeated Referral) as No Request at All 1. Introduction In Daniel Woodie v. Motorola Solutions,...

Clarifying Sentencing Standards and the Per Count Assessment Mandate in Child Sexual Exploitation Cases

Date: Mar 6, 2025

Clarifying Sentencing Standards and the Per Count Assessment Mandate in Child Sexual Exploitation Cases Introduction In the case of United States v. Ian Jason Lipsky, the United States Court of...

Defining Aggravated Felony: The Categorical Analysis of Arson and Aiding-and-Abetting under the INA

Date: Mar 6, 2025

Defining Aggravated Felony: The Categorical Analysis of Arson and Aiding-and-Abetting under the INA Introduction In the case of Shenisa Mohammed v. Pamela Bondi, Attorney General, the United States...

Establishing Probable Cause Through Controlled Buys and Limited Cross-Examination: The Sims Decision

Date: Mar 6, 2025

Establishing Probable Cause Through Controlled Buys and Limited Cross-Examination: The Sims Decision Introduction The case of United States of America v. William Sims represents a pivotal decision by...

Reaffirming the Validity of Appellate Waivers in Plea Agreements: A Landmark Sixth Circuit Decision

Date: Mar 6, 2025

Reaffirming the Validity of Appellate Waivers in Plea Agreements: A Landmark Sixth Circuit Decision Introduction The case of UNITED STATES OF AMERICA v. JOSHUA JOHNSON presents a significant...

Judicial Factfinding Without a Conviction: New Precedents in Sentencing Enhancements

Date: Mar 6, 2025

Judicial Factfinding Without a Conviction: New Precedents in Sentencing Enhancements Introduction The case of United States of America v. Rene Ramirez Gomez, heard by the United States Court of...

Jury Determination for "Different Occasions" in ACCA Cases: Redefining the Judge–Jury Balance

Date: Mar 6, 2025

Jury Determination for "Different Occasions" in ACCA Cases: Redefining the Judge–Jury Balance Introduction The recent decision in United States v. Calvin Cogdill, decided by the United States Court...