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United States Sixth Circuit - Opinion Summaries

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Description Date Docket #

US v. GARCIA

United States Sixth Circuit
Criminal Law & Procedure, Sentencing
Under 18 USC 3288, a superseding indictment that sets forth drug quantity and prior convictions, to comply with Apprendi, may relate back to previous...
10/10/2001 00-2346,00-2395

COLEMAN v. MITCHELL

United States Sixth Circuit
Criminal Law & Procedure, Habeas Corpus
Res judicata under section 2953.21 of the Ohio Post-Conviction Act is an adequate and independent state ground on which to procedurally bar a federal...
10/10/2001 98-3545

FIRST TENNESSEE BANK NAT'L ASS'N v. BARRETO

United States Sixth Circuit
Banking Law, Corporation & Enterprise Law
Under 13 CFR 120.202-5, which governs the Small Business Administration's obligation to honor its loan guarantees, the lender must prove its...
10/09/2001 98-6020

MITZEL v. TATE

United States Sixth Circuit
Constitutional Law
Police violated a defendant's his Sixth Amendment right to counsel by telling him the results of his polygraph examination and then taking a statement...
10/05/2001 99-3992

US v. EMUEGBUNAM

United States Sixth Circuit
Criminal Law & Procedure, International Law
Article 36 of the Vienna Convention does not provide a detained foreign national with a right to consult with the diplomatic representatives of his...
10/05/2001 00-1399

WARFIELD v. ALLIEDSIGNAL TBS HOLDINGS, INC.

United States Sixth Circuit
Civil Procedure
Under Rule 60(b) of the Federal Rules of Civil Procedure, a court does not "coerce" a party into a voluntary dismissal by expressing a view about the...
10/05/2001 00-5761

US v. COLON

United States Sixth Circuit
Criminal Law & Procedure
The elements of simple possession under 21 USC 844(a) are not identical to part of the elements of conspiracy to distribute and possess with intent to...
10/05/2001 00-3345

WEINBERGER v. US

United States Sixth Circuit
Criminal Law & Procedure, Sentencing
For sentencing purposes, tax evasion and the offense that generated the unreported income are not always grouped together, especially where the fraud...
10/05/2001 99-4553

POLARIS AMPHITHEATER CONCERTS, INC. v. CITY OF WESTERVILLE

United States Sixth Circuit
Constitutional Law, Property Law & Real Estate
City sound ordinance that authorized it to take legal action to enjoin repeated violations of the ordinance's decibel limits does not impose a prior...
10/03/2001 00-4076

US v. JOHNSON

United States Sixth Circuit
Criminal Law & Procedure
Information from a confidential informant that drug dealers sold drugs near the bathroom to facilitate quick disposal if police came is sufficient to...
10/03/2001 00-5550

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