United States Sixth Circuit - August 2002 Opinion Summaries

JERICOL MINING, INC. v. NAPIER

Administrative Law, Government Benefits, Health Law
In awarding benefits under the Black Lung Benefits Act, an Administrative Law Judge (ALJ) erred in attributing greater weight to the opinion of a...

US v. STEVENS

Criminal Law & Procedure, Sentencing, Evidence
Admission of "other acts" evidence, relating to prior fires for which defendant had collected insurance proceeds, was proper in obtaining arson...

US v. TRUMAN

Criminal Law & Procedure, Sentencing
When a defendant moves for a downward departure based on cooperation which does not involve the investigation or prosecution of another person,...

HUTCHISON v. BELL

Criminal Law & Procedure, Sentencing, Habeas Corpus
A capital defendant's claim that the prosecution withheld material exculpatory evidence in violation of Brady v. Maryland, 373 U.S. 83, is unavailing...

DETROIT FREE PRESS v. ASHCROFT

Constitutional Law, Immigration Law, Media Law
The Government's blanket closure of deportation hearings in "special interest" cases violates the First Amendment of the U.S. Constitution, which...

ROSSBOROUGH MFG. CO. v. TRIMBLE

Constitutional Law, Workers' Compensation
Although state defendants are not entitled to Eleventh Amendment immunity, plaintiffs' complaint for reimbursement from Ohio Intentional Tort Fund...

MARCUM v. LAZAROFF

Criminal Law & Procedure, Habeas Corpus
Because direct review ended when the time expired for filing a direct appeal of a conviction to the Ohio Supreme Court, rather than when the Ohio...

US v. STEWART

Criminal Law & Procedure, Sentencing
The government established necessity for electronic surveillance under 18 U.S.C. section 2518(1)(c), and any Apprendi errors in drug conspiracy...

THOMAS v. COHEN

Constitutional Law, Criminal Law & Procedure, Landlord Tenant Law
Eviction from a "transitional shelter" constituted a violation of residents' clearly established Fourteenth Amendment rights, and police officers had...

DOWNIE v. CITY OF MIDDLEBURG HEIGHTS

Civil Rights, Constitutional Law, Labor & Employment Law
Because plaintiff has a remedy under the Privacy Act of 1974, for claims that federal officials falsified records in retaliation for his exercise of...