United States Sixth Circuit - Opinion Summaries

DOTSON v. WILKINSON

Civil Rights, Criminal Law & Procedure, Sentencing
When a prisoner challenges his parole eligibility, and the challenge does not necessarily affect the duration of his confinement, the suit is...

SAWYER v. HOFBAUER

Criminal Law & Procedure, Habeas Corpus, Evidence
An evidentiary hearing was warranted where it was reasonably probable that the disclosure of a semen stain on victim's underwear, from a source other...

LYONS v. JACKSON

Criminal Law & Procedure, Sentencing, Habeas Corpus, Juvenile Law
Failure to inform defendant of the prosecutor's right to appeal the imposition of a juvenile sentence constituted ineffective assistance of counsel,...

MILLER v. STRAUB

Criminal Law & Procedure, Sentencing, Habeas Corpus, Juvenile Law
Failure to inform defendants of the prosecutor's right to appeal the imposition of juvenile sentences constituted ineffective assistance of counsel,...

NAT'L RIFLE ASS'N v. BUCKLES

Constitutional Law
A semi-automatic assault weapons ban is a legitimate exercise of congressional authority to regulate a significant threat to public health and safety,...

US v. CLEAVES

Criminal Law & Procedure, Sentencing
Failure to instruct the jury to determine the type of drug involved in a conspiracy did not violate Apprendi where evidence that defendant was...

US v. ELKINS

Criminal Law & Procedure, Evidence
In appeals from a suppression hearing, 1) evidence of voluntary consent outweighed any suggestion of coercion, 2) redacted affidavit supported...

MCCURRY v. ADVENTIST HEALTH SYS./SUNBELT, INC.

Civil Procedure
The district court erred in amending an order of dismissal under FRCP 60(b)(6), when attorney error and strategic miscalculation did not justify...

WOLF CREEK COLLIERIES v. DIR., OFFICE OF WORKERS' COMP. PROGRAM

Administrative Law, Government Benefits, Health Law, Workers' Compensation
There is no presumption that opinions of treating physicians are correct and controlling under the Administrative Procedure Act, and an Administrative...

R.R. VENTURES, INC. v. SURFACE TRANSP. BD.

Contracts, Property Law & Real Estate, Transportation
The Surface Transportation Board had jurisdiction to approve the sale of a rail line, and its related decisions and orders, including that seller...