United States Sixth Circuit - Opinion Summaries

US v. LEVY

Criminal Law & Procedure, Sentencing
An eight-level increase under USSG 2J1.2(b) (1) for causing or threatening physical injury against witnesses does not constitute improper double...

SIMON v. CHASE MANHATTAN BANK

Banking Law, Bankruptcy Law
The Bankruptcy Code's "strong arm" clause under 11 USC 544(a) allows a debtor's estate to avoid a mortgage not properly executed under state law, and...

HOOD v. TENNESSEE STUDENT ASSISTANCE CORP.

Bankruptcy Law, Constitutional Law
States cede their sovereignty over bankruptcy discharge matters under the Constitutional Convention.

SCOTT v. MITCHELL

Criminal Law & Procedure, Habeas Corpus
The Ohio procedure for determining whether a mentally ill convict is competent to be executed affords petitioners due process, even if not every...

US v. SALGADO

Criminal Law & Procedure, Evidence
Statement by a co-conspirator about a conversation he overheard between an indicted co-conspirator and an unindicted co-conspirator is admissible...

BRODY v. CITY OF MASON

Constitutional Law, Property Law & Real Estate
Where the city allowed plaintiffs to participate in the special use permit decision process and considered all relevant evidence and facts before...

VARLJEN v. CLEVELAND GEAR CO., INC.

Administrative Law, Civil Procedure
A False Claims Act plaintiff in a qui tam action need not allege the quantifiable effect or detriment that the submission of a false claim had on the...

US v. TRUE

Attorney's Fees
Where evidence pointed to a conspiracy continuing past the statute of limitations cut-off date, acquitted defendant cannot show that government...

HELFRICH v. THOMPSON

Bankruptcy Law
Under Ohio law, a state court magistrate's decision is not a judgment and therefore has no preclusive effect against a Chapter 7 debtor.

WILSON v. MITCHELL

Constitutional Law, Criminal Law & Procedure
Petitioner's Sixth Amendment right to a speedy criminal trial has not been denied where he actively evaded discovery, and the state was, at worst,...