6th Circuit Case Commentaries

Gowdy v. University Hospitals Cleveland: Clear Video Can Defeat § 1983 Retaliation/Seizure Claims on the Pleadings and Officers May Briefly Detain Bystanders to Secure an Arrest Scene

Date: Aug 1, 2026

Gowdy v. University Hospitals Cleveland: Clear Video Can Defeat § 1983 Retaliation/Seizure Claims on the Pleadings and Officers May Briefly Detain Bystanders to Secure an Arrest Scene 1. Introduction...

Limiting Instructions Need Not Accompany Each Exhibit’s Publication; Drug-Related Text Messages Admissible Under Rule 404(b) to Prove Intent and Rebut “No Longer Dealing” Defense

Date: Jul 31, 2026

Limiting Instructions Need Not Accompany Each Exhibit’s Publication; Drug-Related Text Messages Admissible Under Rule 404(b) to Prove Intent and Rebut “No Longer Dealing” Defense I. Introduction In...

Post-Appeal Release and Mootness: Disputed Settlement Facts Require District-Court Determination Before Merits Review

Date: Jul 30, 2026

Post-Appeal Release and Mootness: Disputed Settlement Facts Require District-Court Determination Before Merits Review 1. Introduction Tammy Russell v. U.S. Dep't of Treasury (6th Cir. July 29, 2026)...

Anti-Waiver Statutes Do Not Preempt Forum Choice-of-Law: Kentucky’s § 188 “Most Significant Relationship” Test Governs Sales-Representative Termination Disputes

Date: Jul 30, 2026

Anti-Waiver Statutes Do Not Preempt Forum Choice-of-Law: Kentucky’s § 188 “Most Significant Relationship” Test Governs Sales-Representative Termination Disputes Case: Bonfiglioli USA, Inc. v. Midwest...

Renewing Rule 29 Motions to Preserve Sufficiency Claims and Treating Digital-Forensics Disputes as Weight (Not Admissibility)

Date: Jul 30, 2026

Renewing Rule 29 Motions to Preserve Sufficiency Claims and Treating Digital-Forensics Disputes as Weight (Not Admissibility) Introduction In United States v. Scott Nelson (6th Cir. July 29, 2026)...

United States v. Khari Qunarll Smith (6th Cir. 2026) Commentary

Date: Jul 30, 2026

Judicial “Testimony” Under Rule 605 Is Subject to Rule 52(a) Harmless-Error Review Requiring an Effect on Substantial Rights United States v. Khari Qunarll Smith (with co-appellants Saruba Asante...

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...

Sixth Circuit Establishes Harmless-Error Framework for Rule 605 Judicial “Testimony” and Clarifies Sentencing/Drug-Premises Applications

Date: Jul 30, 2026

Sixth Circuit Establishes a “Substantial Rights” Harmless-Error Standard for Rule 605 Judicial “Testimony” (and Remands Where a Mandatory Guideline Reduction Was Omitted) 1. Introduction United...

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:...