United States Sixth Circuit - August 2002 Opinion Summaries

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Description Date Docket #

JERICOL MINING, INC. v. NAPIER

United States Sixth Circuit
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...
08/30/2002 01-3156

US v. STEVENS

United States Sixth Circuit
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...
08/29/2002 01-1007/1128

US v. TRUMAN

United States Sixth Circuit
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,...
08/29/2002 01-5072

HUTCHISON v. BELL

United States Sixth Circuit
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...
08/29/2002 01-5214

DETROIT FREE PRESS v. ASHCROFT

United States Sixth Circuit
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...
08/26/2002 02-1437

ROSSBOROUGH MFG. CO. v. TRIMBLE

United States Sixth Circuit
Constitutional Law, Workers' Compensation
Although state defendants are not entitled to Eleventh Amendment immunity, plaintiffs' complaint for reimbursement from Ohio Intentional Tort Fund...
08/26/2002 96-3149/3150/3151/3152/3153/3154/3155/3156/3259

DOWNIE v. CITY OF MIDDLEBURG HEIGHTS

United States Sixth Circuit
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...
08/23/2002 01-3051

MARCUM v. LAZAROFF

United States Sixth Circuit
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...
08/23/2002 00-3549

US v. STEWART

United States Sixth Circuit
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...
08/23/2002 99-5615/5850/5852/5853/6248/6249

THOMAS v. COHEN

United States Sixth Circuit
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...
08/23/2002 01-5088