21 results for 'judge:"Thapar"'.
[Consolidated.] J. Thapar finds the trial court properly denied defendant's motion to suppress evidence obtained by police after he admitted he had weed in his room. Officers were not interrogating him at the time and, therefore, were not required to read him his Miranda rights, while the narrow question from the officer - "do you have anything else on you?" - was part of the arrest procedure and not designed to elicit an incriminating response. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: April 16, 2024, Case #: 22-6076, Categories: Firearms, Miranda
J. Thapar finds the lower court properly dismissed the estate's Eighth Amendment and wrongful death claims against the prison. It failed to show the inmate had "unfettered access" to illegal drugs prior to his overdose, while the complaint also lacked details about drug use by inmates and, therefore, failed to show the inmate faced an "objectively excessive risk of harm." Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: April 10, 2024, Case #: 23-5410, Categories: Civil Rights, Evidence, Wrongful Death
J. Thapar finds defendant's guilty plea on a charge of using a fraudulent passport did not violate his due process rights. The trial court gave the required warning regarding immigration consequences and defendant confirmed he understood his citizenship could be revoked as a result of the plea. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: March 16, 2024, Case #: 23-1474, Categories: Fraud, Immigration, Plea
J. Thapar finds the lower court's revocation of defendant's supervised release and imposition of a 60-month prison sentence was not substantively unreasonable. The court addressed all necessary factors, including the sentencing guidelines and defendant's criminal history, and did not exceed the maximum penalty. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: March 12, 2024, Case #: 23-3189, Categories: Drug Offender, Sentencing
J. Thapar finds the lower court properly granted the police officer's motion for summary judgment on excessive force claims filed by the suspect who was tasered when he ran from the officer. This court has held the use of such force on a fleeing suspect is reasonable and allows for the application of qualified immunity. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: March 5, 2024, Case #: 23-3142, Categories: Civil Rights, Immunity
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J. Thapar finds the employee's appeal of a lower court's injunction to prevent her working for a competitor was mooted by the parties' delay in filing their briefs, which were not filed until after the expiration of the one-year noncompete portion of her agreement with her former employer. Although the employee might recover damages for lost income if she prevails on the merits of the dispute, that only involves the underlying case.
Court: 6th Circuit, Judge: Thapar, Filed On: February 22, 2024, Case #: 23-1028, Categories: Civil Procedure, Injunction
J. Thapar finds defendant cannot challenge a sentencing enhancement included by the trial court for his control of another individual in the drug trafficking operation. He and his attorney agreed to allow the enhancement, which effectively withdrew his objection and bars his challenge under the invited error doctrine. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: February 2, 2024, Case #: 22-3889, Categories: Criminal Procedure, Drug Offender, Sentencing
J. Thapar denies the Ghanaian immigrant's petition for review of his asylum application, ruling there is insufficient evidence to support his claim of state-sanctioned persecution based on his political beliefs. Although he was assaulted by a group of political rivals who also threatened to kill him, the threats stemmed primarily from an assault perpetrated by his friend, while he also failed to contact police about a murder involving the political rivals, which prevents him from proving the government is unwilling to protect him or prosecute the perpetrators.
Court: 6th Circuit, Judge: Thapar, Filed On: January 24, 2024, Case #: 23-3350, Categories: Evidence, Immigration
J. Thapar finds the lower court properly converted the drug rehab facility's bankruptcy proceedings from Chapter 11 to Chapter 7. It had no operating income, very few assets and its license had been revoked by the state of Ohio, all of which created a high likelihood it would not rehabilitate. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: November 29, 2023, Case #: 23-3375, Categories: Bankruptcy, Civil Procedure
J. Thapar finds the trial court properly applied a sentencing enhancement for defendant's possession of stolen firearms. All of the guns he purchased with a fake ID and fake credit cards qualify as stolen under the sentencing guidelines. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: November 22, 2023, Case #: 23-1212, Categories: Fraud, Sentencing, Identity Theft
[Consolidated.] J. Thapar finds the lower court properly granted the government's motion to dismiss tort claims filed by the decedent's estate and his family members. The estate failed to file an administrative claim with the Department of Homeland Security before it filed suit, while the family members waited more than a year past the statute of limitations before they filed both the administrative claim and the federal lawsuit. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: November 8, 2023, Case #: 22-1591, Categories: Civil Procedure, Tort, Wrongful Death
J. Thapar finds the lower court properly denied the inmate's petition for habeas relief. Although no DNA evidence tied him to the weapon recovered at the scene of the home invasion, there was still sufficient evidence to convict him, including DNA on a ski mask recovered in the home and eyewitness testimony from the victims.
Court: 6th Circuit, Judge: Thapar, Filed On: October 26, 2023, Case #: 22-1507, Categories: Dna, Evidence, Habeas
J. Thapar finds the trial court properly admitted the victim's statement, which was recorded on a police officer's body camera, during defendant's trial for possession of a firearm by a felon. The statement was taken less than 15 minutes after defendant loaded the weapon and pointed it at the victim and, therefore, qualified as an excited utterance. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: October 10, 2023, Case #: 22-3686, Categories: Evidence, Firearms
J. Thapar finds the Kentucky Supreme Court candidates are not entitled to a preliminary injunction to halt proceedings in a lawsuit regarding their potentially illegal campaign activities. They lost their elections in November 2022 and, therefore, will suffer no irreparable harm if the suit is allowed to proceed. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: August 16, 2023, Case #: 22-5938, Categories: Elections, Judiciary, First Amendment
[Consolidated.] J. Thapar finds the lower court erroneously imposed a new provision on defendant's forfeiture order because that provision dealt with restitution for his failure to make payments on the initial forfeiture order, a wholly separate concept that required a different analysis and set of proceedings. Therefore, the provision will be vacated and the case remanded to allow the court to follow applicable guidelines if it wishes to re-impose the penalty. Reversed in part.
Court: 6th Circuit, Judge: Thapar, Filed On: June 28, 2023, Case #: 22-6043, Categories: Fraud, Forfeiture, Restitution
J. Thapar finds the lower court properly denied defendant's motion to vacate his sentence on ineffective assistance grounds. His attorney's failure to file an appeal was the direct result of defendant's own instructions, which included an agreement not to file an appeal as long as he was not treated unfairly during sentencing. Although defendant told his attorney "you was no help" after he was sentenced, he never requested an appeal and was sentenced below applicable guidelines. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: June 27, 2023, Case #: 22-5587, Categories: Ineffective Assistance, Sentencing
J. Thapar finds that the lower court properly granted the police officer’s motion for summary judgment on the grounds of qualified immunity because his use of force on the detained suspect — including tackling him and lifting him up — was objectively reasonable under the circumstances after the suspect actively resisted arrest and tried to escape. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: June 6, 2023, Case #: 22-1680, Categories: Civil Rights, Immunity
J. Thapar finds the district court properly denied the death row inmate's petition for a writ of habeas corpus related to his convictions for the kidnapping, rape and murder of a 9-year-old girl. Defendant's ineffective assistance of counsel claim related to DNA evidence found on the shorts of the victim was not only adjudicated on the merits by a state court, but the inmate failed to show the decision was unreasonable. Furthermore, several of the inmate's other ineffective assistance claims, including the lack of mitigating evidence about his childhood, were defaulted when he failed to raise them before the lower court and failed to present any significant evidence from the state court record. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: June 5, 2023, Case #: 19-5427, Categories: Death Penalty, Habeas, Murder
J. Thapar finds the lower court properly applied a sentencing enhancement when defendant pleaded guilty to illegally possessing a handgun. His Ohio conviction for robbery, which includes the threat of or physical harm to another individual, qualifies as a crime of violence. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: June 2, 2023, Case #: 22-3699, Categories: Firearms, Robbery, Sentencing
J. Thapar finds the lower court properly denied the fishing and wildlife coalition's motion to intervene because it believed at the time of the motion that the state of Michigan and several Native American tribes were less than a month from finalizing a new consent decree regarding regulation of Great Lakes fisheries. The last-minute nature of the motion, when combined with evidence Michigan intends to protect the coalition's interests during negotiations and the ultimate consent decree, weigh against granting the coalition party status in the case, especially considering the last round of negotiations began more than three years ago. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: May 23, 2023, Case #: 22-1946, Categories: Civil Procedure, Native Americans, Water