Case law
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United States v. Charles Goff, Jr.
400 F. App'x 1 · Court of Appeals for the Sixth Circuit · Sep 17, 2010
established federal law). … This argument fails because Goff was granted immunity for his grand-jury testimony. 1.
Cited 7 timesUnpublishedUnited States v. Wesley Lanham
Court of Appeals for the Sixth Circuit · Aug 24, 2010
The district court’s findings were not clearly erroneous. Accordingly, Freeman’s sentence is AFFIRMED. 5. Freeman’s Brady Motion Under Brady v. … The 2008 Guidelines, in effect at time of sentencing, establish a higher base offense level for the offense of Criminal Sexual Abuse.
Cited 0 timesPublished234 F. 532 · Court of Appeals for the Sixth Circuit · Jul 20, 1916
The court thus clearly submitted to the jury the questions whether plaintiff was negligent either in the manner in which he stood on the top of the car and in the location, as being too near the end. … that the proper place for plaintiff would have been in the middle of the car, and fqciug the way the train was going, because in case of a sudden stop he is thereby “apt to fall on the top of the-car and catch himself,” he qualified
Cited 12 timesPublishedUnited States v. Medshares Mgmt Grp
Court of Appeals for the Sixth Circuit · Mar 10, 2005
to those qualified for Medicare benefits. 42 U.S.C. §§ 1395f(a)(2)(C) & (b)(1); 1395x(m)&(o); 1395bbb. … Co., 319 F.3d 1292, 1301 (11th Cir. 2003) (holding that a fiscal intermediary is immune from liability for approving payment for allegedly fraudulent claims).
Cited 0 timesPublished577 F.2d 1339 · Court of Appeals for the Sixth Circuit · May 17, 1978
Under such conditions, Grant would still clearly remain a racially identifiable school 22 See Boykins v. … The exhibits apparently qualify as "ancient documents" under Federal Rule of Evidence 803(16).
Cited 84 timesPublishedObron Atlantic Corporation v. Barr
990 F.2d 861 · Court of Appeals for the Sixth Circuit · Feb 18, 1993
According to Obron's complaint, Owen testified before the grand jury on a grant of immunity. Two former Obron employees also were called to testify, and portions of the tapes were played. … As to the second prong of the § 2511(2)(c) exception, "[c]ourts have established that informants who record private conversations at the direction of government investigators are 'acting under color of law.' " United States
Cited 0 timesPublishedCourt of Appeals for the Sixth Circuit · Dec 1, 2016
The ALJ determined that Fleming qualified for the fifteen-year service presumption under the BLBA, and awarded benefits. (Id. at 785.) On July 31, 2015, the Benefits Review Board affirmed the ALJ’s decision. … But the regulation clearly prohibits that. 20 C.F.R. § 725.101(32)(i).
Cited 0 timesPublishedFingal E. Johnson v. Chris Daniels G.B. Brown Robert Atherton
909 F.2d 1483 · Court of Appeals for the Sixth Circuit · Aug 9, 1990
909 F.2d 1483 Unpublished Disposition NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service … Even if subject to suit the defendants would still be free to assert the defense of qualified immunity from suit in their individual capacity. See Birrell, 867 F.2d at 958 ; Poe v.
Cited 1 timesUnpublishedUnited States v. Albert J. Kappell
418 F.3d 550 · Court of Appeals for the Sixth Circuit · Aug 9, 2005
Under Owens , however, that is not enough to establish a Confrontation Clause violation. This Court followed Owens in Bugh v. Mitchell, 329 F.3d 496 (6th Cir.2003). … Under these circumstances, the district court correctly ruled that the government failed to establish that the California prior conviction qualified as predicate offense for purposes of § 2241(c). Id.
Cited 46 timesPublishedRoman Alvarez-Mejia v. Loretta Lynch
628 F. App'x 388 · Court of Appeals for the Sixth Circuit · Oct 8, 2015
Application for Asylum The first theory Alvarez-Mejia presented in favor of reopening was that he now qualifies for asylum. … wrote that it would “clarify” that the assessment turned on the perception of society as a whole, rather than the persecutors, after citing a Ninth Circuit case observing that neither the Ninth Circuit nor the BIA “has clearly
Cited 2 timesUnpublishedShrader v. Diamond International Corporation
833 F.2d 1210 · Court of Appeals for the Sixth Circuit · Jan 14, 1988
a contract for sale although the writings of the parties do not otherwise establish a contract. … Moreover, the language taken as a whole clearly indicates that American would accept only on its terms.
Cited 0 timesPublishedCourt of Appeals for the Sixth Circuit · Aug 25, 2006
Medina had clearly been “seized” by Mundy and Hampton at the time he consented to a search of his home. He had been patted down and was not free to leave. … Anderson, 89 F.3d 1306, 1312 (6th Cir. 1996) (finding a law enforcement agent with nine years of experience to be qualified to give expert testimony), no abuse of discretion occurred in the district court’s failure to qualify
Cited 0 timesPublishedCumberland Reclamation Company v. Secretary, United States Department of the Interior
925 F.2d 164 · Court of Appeals for the Sixth Circuit · Feb 12, 1991
To qualify, the IBLA emphasized that "the coal must constitute no more than 16 2/3% of the mineral tonnage removed for commercial use or sale." J.App. at 13. … In the alternative, under the circumstances, I would remand to the administrative hearing to enable Cumberland a fair opportunity to establish its claimed exceptions exemptions. * The Honorable Harry W.
Cited 4 timesPublishedOperation King's Dream v. Connerly
501 F.3d 584 · Court of Appeals for the Sixth Circuit · Aug 28, 2007
Because we defer to a district court’s factual findings unless they are clearly erroneous, Ellis v. Diffie, 177 F.3d 503, 505 (6th Cir.1999), the district court’s comprehensive opinion, Operation King’s Dream v. … To qualify its initiative for the November 2006 gener: al ballot, the MCRI needed to submit only 317,757 valid signatures, representing ten percent of the total votes cast in the last election for governor. See Mich.
Cited 18 timesPublishedCarolina Casualty Insurance Co v. Panther II Transportation, Inc
402 F. App'x 62 · Court of Appeals for the Sixth Circuit · Nov 4, 2010
App. 1993) (“If the doctrine of statutory employment irrefutably establishes the liability of the carrier-lessee, then the doctrine should also establish that the carrier-lessee’s insurance company is responsible for the … Moreover, “Ohio law requires . . . interpret[ing] exclusions as applying only to that which is clearly intended to be excluded.” Id.
Cited 3 timesUnpublished555 F.3d 200 · Court of Appeals for the Sixth Circuit · Feb 4, 2009
“The defendants bear the burden of establishing both that they qualify for one of the exemptions of § 1344(f)(1) and that their actions are not recaptured by § 1344(f)(2).” Greenfield Mills, Inc. v. … As the statute and regulations both require, the disputed activities “must be part of an established (i.e., on-going) farming, silviculture, or ranching operation” and they cease to be “established when the area on which
Cited 45 timesPublishedUnited States v. John Edward Medved
905 F.2d 935 · Court of Appeals for the Sixth Circuit · Sep 27, 1990
Testimony subsequently presented at his trial established that Mr. … Far from being clearly erroneous, we think the district court's findings are clearly correct. AFFIRMED. ORDER JULY 26, 1990.
Cited 37 timesPublished879 F.3d 691 · Court of Appeals for the Sixth Circuit · Jan 9, 2018
Because we have sufficient concerns with Miller’s ability to establish new evidence, we decline to engage in such balancing here. ⅜ ⅜ ‡ Given our uncertainty as to Miller’s ability to establish prejudice, we cannot agree … Dunn, — U.S. -, 137 S.Ct. 1790 , 198 L.Ed.2d 341 (2017), held that Ake clearly established a defendant’s right to an independent expert.
Cited 38 timesPublishedUnited States v. Trinity Phillips
54 F.4th 374 · Court of Appeals for the Sixth Circuit · Nov 28, 2022
“The text, structure, history, and so forth at least establish the outer bounds of permissible interpretation.” Id. at 2416. … A photograph is clearly not a “scene,” however it’s defined.
Cited 14 timesPublishedCourt of Appeals for the Sixth Circuit · Aug 14, 2024
And a “district court abuses its discretion when it relies on clearly erroneous findings of fact, uses an erroneous legal standard, or improperly applies the law.” United States v. … Evid. 702 (“A witness who is qualified as an expert . . . may testify in the form of an opinion or otherwise.”); Fed. R.
Cited 0 timesPublished
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