United States Sixth Circuit - Opinion Summaries

MARTIN v. LAKE COUNTY SEWER CO., INC.

Labor & Employment Law
Where there is a hybrid complaint against the employer and the union alleging violation of section 301 of the Labor Management Relations Act and a...

URBINA v. THOMS

Criminal Law & Procedure
The United States Parole Commission has jurisdiction to initiate a change in parole status while a deported alien is out of the country.

TINDALL v. WAYNE COUNTY FRIEND OF THE COURT

Civil Procedure
A state court's failure to follow its own procedures in enforcing a child support order is not sufficient to establish a bad faith exception to the...

NARDEI v. MAUGHAN

Bankruptcy Law
The time limits set by Bankruptcy Rule 4007(c) are jurisdictional in nature and cannot be extended by motion once the deadline has passed unless court...

US v. EVERETT

Criminal Law & Procedure
Under 18 USC 1344, the specific intent for bank fraud does not require the defendant to intend to put the bank at risk of loss; the defendant need...

MILLER v. FRANCIS

Criminal Law & Procedure, Habeas Corpus
Defense counsel did not render ineffective assistance of counsel in a statutory rape trial by failing to remove a juror who was the social worker for...

BRUMLEY v. WINGARD

Criminal Law & Procedure
The admission of videotaped prior testimony without a showing of the witness's unavailability violates the confrontation rights of a criminal...

HINKLE v. RANDALL

Criminal Law & Procedure, Habeas Corpus
Defense counsel's failure to object to prosecutor's remarks in closing argument rebuttal that DNA evidence was "reliable" and "accurate" because the...

CARBALLO v. LUTTRELL

Criminal Law & Procedure, Habeas Corpus
The law governing abusive and successive petitions, not the law of the case doctrine, applies to second and successive habeas petitions.

NIHISER v. OHIO ENVTL. PROT. AGENCY

Labor & Employment Law
States waive Eleventh Amendment immunity with regard to Rehabilitation Act claims when they accept federal funds.