United States Sixth Circuit

In a criminal case involving firearm and drug related charges, a district court's grant of defendant's motion to "remand" to state court is affirmed in part and reversed in part where: 1) the district court correctly concluded that defendant was denied effective assistance of counsel in initial state proceedings under both Cronic and Hill; and 2) the district court lacked the authority to remand the case to state court, but does have the authority to dismiss the federal indictment in order to remedy the constitutional violation.

Appellate Information

• Decided 12/07/2006
• Published 12/07/2006

Judges

• Before MARTIN and COLE, Circuit Judges;  JORDAN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Kathleen Moro Nesi, Assistant United States Attorney, Detroit, Michigan, for Appellant.  John R. Minock, Cramer & Minock, Ann Arbor, Michigan, for Appellee.   ON BRIEF:  Kathleen Moro Nesi, Assistant United States Attorney, Detroit, Michigan, for Appellant.  John R. Minock, Cramer & Minock, Ann Arbor, Michigan, for Appellee.