Case law

United States v. Jackson

Court of Appeals for the Sixth Circuit · Apr 2, 2008

Id. at 2 18 U.S.C. § 2516(1) was amended after Giordano to expand the DOJ positions that qualified as authorizing officials for purposes of Title III. … The evidence established that Honeywell funded McGilbra’s Cleveland weekend.

No. 72-2106

484 F.2d 78 · Court of Appeals for the Sixth Circuit · Sep 13, 1973

Thereafter, however, Kentucky established requirements for "Belt Examiners," an apparent lower level of classification, and certified people meeting the qualifications. … It is clearly at an end, and there appears to be no chance that it will be altered or modified.

Robert Glen Coe, Petitioner-Appellee/cross-Appellant v. Ricky Bell, Warden, Respondent-Appellant/cross-Appellee

161 F.3d 320 · Court of Appeals for the Sixth Circuit · Feb 23, 1999

Wilbur, 421 U.S. 684, 686-87 , 95 S.Ct. 1881 , 44 L.Ed.2d 508 (1975) (disapproving of standard that malice is established by unlawful intentional act, unless heat of passion or provocation were established too); Alexander … To qualify as producing a state-created liberty interest, a statute setting up procedures must put specific limits on official discretion.

Roosevelt Mitchell v. Georgia-Pacific Corporation

91 F.3d 144 · Court of Appeals for the Sixth Circuit · Jul 15, 1996

TITLE VII CLAIMANTS 22 We scrutinize Title VII cases under a well-established analytical framework. … Mitchell may establish a prima facie case by showing: (i) he belongs to a racial minority group; (ii) he is qualified for the job from which he was discharged; (iii) he was discharged; and (iv) the position was filled by

United States v. Hunter

Court of Appeals for the Sixth Circuit · Mar 9, 2009

Sullivan, 446 U.S. 335, 348 (1980), and Hunter has not established ineffectiveness. United States v. … Hunter’s qualifying prior offenses yielded a total of twenty criminal history points. However, because no more than four points may be added under U.S.

United States v. Phillip Walsh

654 F. App'x 689 · Court of Appeals for the Sixth Circuit · Jun 29, 2016

In light of Section 538 of the 2015 Appropriations Act, they contend that compliance with state law provides immunity and an affirmative defense against federal marijuana charges. … Hartwick, 870 N.W.2d 37, 42 (Mich. 2015)). 6 For cases that fall outside of the immunity parameters, Walsh argues that Section 8 of the MMMA can provide an affirmative defense if a defendant establishes

Old Kent Bank And Trust Company v. United States

362 F.2d 444 · Court of Appeals for the Sixth Circuit · Jun 15, 1966

At the time of the death of the testator, there was in effect an inter vivos trust established by the decedent under a trust agreement executed June 8, 1943. … It is undisputed that forty per cent of the 'estate' qualifies for the marital deduction.

Hyundai Translead, Inc. v. Jackson Truck & Trailer Repair, Inc. (In Re Trailer Source, Inc.)

555 F.3d 231 · Court of Appeals for the Sixth Circuit · Feb 6, 2009

of the Debtor, they were the cause without which no recovery would have taken place.”); In re Spencer, 35 B.R. 280, 281 (Bankr.N.D.Ga.1983) (finding that creditor’s actions in locating *242 assets and opposing discharge qualified … In § 544(b), Congress clearly intended for bankruptcy estates to recover assets fraudulently transferred by the debtor.

United States v. Ziaire Duffy

Court of Appeals for the Sixth Circuit · Jul 20, 2020

We thus concluded that attempt crimes do not qualify as controlled substance offenses because “[t]he text of § 4B1.2(b) controls, and it makes clear that attempt crimes do not qualify as controlled substance offenses.” … App’x 848, 852 (6th Cir. 2002) (explaining that “[s]ection 2925.03 includes both qualifying and non-qualifying crimes” for predicate offense purposes under U.S.S.G. § 4B1.2(b)).

Chamberlin v. Commissioner

207 F.2d 462 · Court of Appeals for the Sixth Circuit · Oct 14, 1953

In our opinion, the declaration and distribution of the preferred stock dividend, considered by itself, falls clearly within the principles established in Towne v. Eisner, supra, and Eisner v. … In our opinion, the redemption feature, qualified as it was with respect to premiums, amounts subject to redemption in each year, and the length of time the stock would be outstanding, together with the acceptance of the

Diane M. Moon v. Unum Provident Corporation

405 F.3d 373 · Court of Appeals for the Sixth Circuit · Mar 22, 2005

Watson's records establish that Moon's severe hypertension did not show a likelihood of abating. … Instead, O'Brien's analysis indicates the severity of Moon's hypertension and its apparent immunity to various medicines.

Macbeth-Evans Glass Co. v. General Electric Co.

246 F. 695 · Court of Appeals for the Sixth Circuit · Nov 6, 1917

So many applications have been made of the rule, thus so clearly stated, that it is not necessary to refer to more of them than appear in the opinion in that case. … Winsor was intended toi be qualified by the remarks of Mr. Justice Clifford in Bates v. Coe, 98 U. S. 31, 46 , 25 L. Ed. 68 , or Parks v. Booth, 102 U. S. 96, 105 , 26 L. Ed. 54 .

Bell v. Bell

Court of Appeals for the Sixth Circuit · Jan 4, 2008

Clearly Strickler was quoting Murray to establish that “interference by officials” constituted cause–as discussed above, Strickler did not attach legal relevance to the petitioner’s potential inability to discover the Brady … Instead, the parties disputed whether Bell’s evidence established such an agreement.

Jerry Parker, Jr. v. Kenneth Turner

626 F.2d 1 · Court of Appeals for the Sixth Circuit · Sep 19, 1980

Younger established a near-absolute restraint rule when there are pending state criminal proceedings. … The Court pointed out that although immune from civil suit, state judges can be criminally prosecuted under 18 U.S.C. § 242 for willfully depriving a citizen of his constitutional rights.

Luther Poynter v. Aaron Shirley

Court of Appeals for the Sixth Circuit · Sep 8, 2026

Doubly so when “judges or juries are [no] better qualified than appropriate professionals in making such decisions.” Id. at 322–23. … The only logical answer is none, so such an interpretation clearly cannot be reconciled with Brawner.

United States v. Carter Eubanks

Court of Appeals for the Sixth Circuit · Aug 3, 2010

. § 924(e), when he did not in fact have the requisite three qualifying convictions. … Clearly, Eubanks’s juvenile conviction is for violation of a statute which proscribes both conduct that would constitute a violent felony under the ACCA and conduct that would not.

Kenneth Thompson v. Gretchen Whitmer

Court of Appeals for the Sixth Circuit · Jan 19, 2022

Yet even when it passes a law under a constitutional provision that gives it this power, Congress must speak clearly if it intends to subject the states to suit. … rulings against a party alone can almost never establish bias. See Liteky v. United States, 510 U.S. 540, 555 (1994); Burley v. Gagacki, 834 F.3d 606, 616 (6th Cir. 2016).

Roberto Gomez-Castillo v. Loretta E. Lynch

646 F. App'x 442 · Court of Appeals for the Sixth Circuit · Apr 25, 2016

The IJ found that Gomez-Castillo’s testimony lacked credibility and further held that, even if his testimony were believed, he did not qualify for the relief requested. … Gomez-Castillo argues that he was denied due process because a single judge could not overturn an IJ’s clearly erroneous findings of fact.

Frederick Fields v. Thomas Birkett

461 F. App'x 454 · Court of Appeals for the Sixth Circuit · Feb 8, 2012

established Federal law.” 28 U.S.C … The Supreme Court has recently clarified that “clearly established Federal law” means the law that existed at the time of “the last state-court adjudication on the merits.” Greene v. Fisher, 129 S. Ct. 38, 45 (2011).

Lamont James Miller v. Gene E. Borgert, J. Makowski, D. Thomas, Sgt., M. Niles, Van Sumerin, G.E. Slusher, J. Richardson, D. Bartels, Hamilton, Dr.

919 F.2d 738 · Court of Appeals for the Sixth Circuit · Dec 6, 1990

919 F.2d 738 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 … The district court made no definitive ruling as to whether the defendants are entitled to judgment in their favor on this claim under the doctrine of qualified immunity, and we decline to decide that issue without benefit