United States Sixth Circuit - November 2001 Opinion Summaries

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Description Date Docket #

VIRGILI v. GILBERT

United States Sixth Circuit
Civil Rights
For qualified immunity purposes, it is not "clearly established" that prison employees are protected from strip searches even when there is no...
11/30/2001 00-3371

US v. TURNER

United States Sixth Circuit
Criminal Law & Procedure
Evidence that defendants robbed a victim who ran an illegal lottery out of his home is insufficient to show an affect on interstate commerce under the...
11/28/2001 99-1640, 99-1762, 99-2013

STEELTECH, LTD. v. US ENVTL. PROT. AGENCY

United States Sixth Circuit
Environmental Law
Under the Emergency Planning and Community Right-to-Know Act, 42 USC 11001-11050, calculating the civil penalty by means of the Environmental Response...
11/28/2001 00-2008

US v. EDWARDS

United States Sixth Circuit
Criminal Law & Procedure, Sentencing
Defendant who contested factual elements in sentencing that he already admitted guilt to, justifies a denial of a downward departure for acceptance of...
11/28/2001 00-3391

US v. KING

United States Sixth Circuit
Criminal Law & Procedure, Sentencing
The means by which guilt is determined, whether a plea bargain or guilty verdict, does not affect a court's plain error review of an Apprendi error.
11/27/2001 00-5271, 00-5383

US v. SAARI

United States Sixth Circuit
Criminal Law & Procedure
Pointing a gun at defendant standing in the entrance of his apartment and ordering him to exit the apartment is an arrest, not an investigative stop...
11/21/2001 00-5061

BOVEE v. COOPERS & LYBRAND C.P.A.

United States Sixth Circuit
Civil Procedure, Securities Law
A court should consider a plaintiff's amended complaint when determining whether to dismiss it where amended complaint has substantially more detail.
11/21/2001 00-3018, 00-3471

BULLS v. JONES

United States Sixth Circuit
Criminal Law & Procedure, Habeas Corpus
Erroneous admission of non-testifying co-defendant's testimony that everything would be fine as long as another co-defendant did not kill victim,...
11/19/2001 00-1289

IN RE: SWALLEN'S, INC.

United States Sixth Circuit
Bankruptcy Law
Bankruptcy court does not have the authority, over the objections of creditors, to order distribution of the assets of an estate under 11 USC 507 in...
11/19/2001 01-8036, 01-8037

GROSS v. COMM'R OF INTERNAL REVENUE

United States Sixth Circuit
Tax Law
Tax affecting unavailable to discount value of S-corporation stocks in gift tax calculation prior to 1992.
11/19/2001 99-2239, 99-2257