United States Sixth Circuit - October 2002 Opinion Summaries

ROE v. BAKER

Criminal Law & Procedure, Habeas Corpus
Denial of defendant's petition for a writ of habeas corpus pursuant to 28 U.S.C. section 2254 affirmed, where all seven alleged procedural errors by...

US v. NEWELL

Criminal Law & Procedure
The district court properly applied a six-point enhancement to defendant's sentence based on its finding that his conduct evidenced an intent to carry...

TELXON CORP. v. FED. INS. CO.

Class Actions, Corporation & Enterprise Law, Insurance Law
District court's grant of summary judgment to defendant affirmed, where defendant was not obligated by an officers and directors liability policy to...

NLRB v. V & S SCHULER ENG'G, INC.

Administrative Law, Labor & Employment Law
Because substantial evidence supports the Board's election certification and its finding that defendant violated the NLRA by failing to bargain in...

MICHIGAN CMTY. SERVS., INC. v. NLRB

Administrative Law, Labor & Employment Law
Because the Board's order that comity should be extended to a union election is supported by substantial evidence on the record, it is enforced.

ABELA v. MARTIN

Criminal Law & Procedure, Habeas Corpus
Because defendant's section 2254 habeas petition is barred by the statute of limitations set forth in 28 U.S.C. section 2244(d)(1), his claims of a...

US v. CARNES

Criminal Law & Procedure, Evidence
The government's warrantless seizure of audio tapes from defendant's girlfriend's home violated the Fourth Amendment and, because the district court...

US v. LOPEZ

Criminal Law & Procedure, Sentencing
Where both defendants were convicted of conspiracy to distribute cocaine, defendants' claims, that their sentences violate Apprendi because the...

US v. SAMUELS

Criminal Law & Procedure, Sentencing
Defendant's conviction for aiding and abetting an attempt to possess with the intent to distribute cocaine affirmed, but defendant's sentence vacated...

US v. LAWRENCE

Criminal Law & Procedure, Sentencing
Where evidence suggests that defendant obtained machine gun as an unsolicited gift, it cannot be said that his possession of the gun at the time of...