270 results for 'court:"6th Circuit"'.
J. Murphy finds the trial court properly denied defendant's motion to exclude the results of a search at his home. Although the affidavit submitted by police lacked sufficient evidence to establish probable cause, the officer who submitted the affidavit provided oral testimony that conclusively linked defendant to the residence and prevented application of the Fourth Amendment exclusionary rule. Although the magistrate that issued the warrant relied, in part, on his 25-year relationship with the officer to grant the warrant, his favorable opinion of the officer did not render the decision a "rubber stamp." Affirmed.
Court: 6th Circuit, Judge: Murphy, Filed On: October 23, 2023, Case #: 22-3603, Categories: Drug Offender, Judiciary, Search
J. White finds the trial court erroneously denied defendant's motion to suppress his interview with police shortly after his arrest. His request to make a phone call to his sister, who is an attorney, was clearly a request for counsel and should have ended the interview. Although defendant had initially asked to call his father, his request to call his sister was not an attempt to speak with family because he told the interviewing detective she was an attorney and the detective told him the interview would end if he made the call. Additionally, the trial court erroneously allowed the prosecution to add a child pornography charge to the indictment because no new evidence was used to support the charge. Reversed.
Court: 6th Circuit, Judge: White, Filed On: October 23, 2023, Case #: 22-5328, Categories: Evidence, Child Pornography
J. Bush finds the trial court did not violate defendant's confrontation rights when it admitted into evidence a letter written by the victim about defendant's stalking. Although the letter was testimonial, sufficient evidence in the record showed defendant killed the victim to prevent him from testifying, which allowed for application of the forfeiture-by-wrongdoing exception. Affirmed.
Court: 6th Circuit, Judge: Bush, Filed On: October 17, 2023, Case #: 22-3587, Categories: Confrontation, Evidence, Murder
J. Rogers finds the trial court properly applied the 2-point drug house sentence enhancement after defendant pleaded guilty to several counts of fentanyl distribution. Although none of the drugs were manufactured at the property, the high number of sales, including three controlled buys from law enforcement in a 2-week period, gave the court sufficient evidence the house was primarily used to facilitate drug deals. Affirmed.
Court: 6th Circuit, Judge: Rogers, Filed On: October 13, 2023, Case #: 22-1961, Categories: Drug Offender, Sentencing
J. Mathis finds the limited remand by this court to sentence defendant under the Armed Career Criminal Act was based on binding precedent and properly considered all relevant arguments. Therefore, the lower court was prevented from considering any new arguments as to whether the Act applied to defendant's 14 previous convictions and it properly resentenced him. Affirmed.
Court: 6th Circuit, Judge: Mathis, Filed On: October 12, 2023, Case #: 21-6250, Categories: Firearms, Sentencing
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
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
Per curiam, the circuit finds the government officials were not entitled to qualified immunity on due process claims filed by the individual whose property was liquidated after he failed to claim two checks issued by insurance companies. The individual was provided no hearing or any notice whatsoever and has a property right in the interest that accumulated on the checks. Reversed in part.
Court: 6th Circuit, Judge: Per curiam, Filed On: October 6, 2023, Case #: 22-1780, Categories: Government, Property, Due Process
J. Murphy finds the voters' rights groups' First Amendment claims regarding distribution of absentee ballot registration forms - prohibited under Tennessee law - deal with expressive conduct and not political speech, which subjects them to a lower level of scrutiny than the Anderson-Burdick balancing test. Nothing in the law restricts the groups from expressing their opinions and urging individuals to register to vote via absentee ballot, and because it does not affect the outcome of their speech, it does not violate their First Amendment rights. Affirmed.
Court: 6th Circuit, Judge: Murphy, Filed On: October 5, 2023, Case #: 22-5028, Categories: Elections, First Amendment
Per curiam, the circuit finds the lower court properly dismissed the homeowners' tort claims against the federal government for property damage sustained after the failure of the Edenville Dam. The Federal Power Act shifts all liability onto the operators and licensees of hydroelectric power plants and, therefore, the government was entitled to sovereign immunity. Affirmed.
Court: 6th Circuit, Judge: Per curiam, Filed On: October 3, 2023, Case #: 22-1590, Categories: Energy, Property, Immunity
J. Moore finds the closure of the abortion clinic involved in this suit require dismissal of this appeal and a remand to the lower court to allow for analysis of whether the claims made under the Freedom of Access to Clinic Entrances Act were mooted. Meanwhile, the protesters are not entitled to attorney fees, as there is no evidence the clinic engaged in a purposeful delay of the suit upon finding out the clinic would no longer perform abortions.
Court: 6th Circuit, Judge: Moore, Filed On: September 29, 2023, Case #: 22-5915, Categories: Health Care, Attorney Fees, First Amendment
[Consolidated.] J. Siler finds the lower court properly denied the property owners' motion for discovery because none of the documents or information requested had any bearing on due process claims regarding the notice given by the city before it demolished several properties deemed public nuisances. Affirmed.
Court: 6th Circuit, Judge: Siler, Filed On: September 28, 2023, Case #: 22-3216, Categories: Property, Due Process, Discovery
J. Moore finds the lower court erroneously applied the discretionary function exemption to the Federal Tort Claims Act suit brought by the prisoner who claims she was repeatedly raped by a federal prison employee. Reporting of such incidents is mandatory and, therefore, not subject to the exemption. However, because the inmate failed to provide evidence sufficient to prove other prison officials knew of the conduct and failed to act, the complaint must be dismissed for a failure to state a claim. Affirmed.
Court: 6th Circuit, Judge: Moore, Filed On: September 28, 2023, Case #: 22-6105, Categories: Evidence, Tort, Prisoners' Rights
J. Gilman finds that district court properly dismissed a securities case against a pest control company. While several statements made by the company about its liability for a termite outbreak in several states may have misled investors to a certain extent, the class of investors failed to prove the level of scienter required for its securities claims, especially considering the company released statements about financial issues after arbitration awards against it. Affirmed.
Court: 6th Circuit, Judge: Gilman, Filed On: September 28, 2023, Case #: 22-5981, Categories: Fraud, Securities, Class Action
[Consolidated.] J. Sutton finds the lower courts improperly granted injunctions against enforcement of Kentucky and Tennessee's bans on certain gender-affirming care for transgender minors. Not only were the injunctions overly broad, but the bans are not unconstitutional violations of due process or equal protection rights. Although the treatments are not experimental, the long-term effects on children under the age of 18 are not entirely known, and state governments have a legitimate interest in reasonable regulations on health care. Therefore, the injunctions will be vacated and the bans will remain in effect. Reversed.
Court: 6th Circuit, Judge: Sutton, Filed On: September 28, 2023, Case #: 23-5600, Categories: Constitution, Government, Health Care
J. Stranch finds language in the trial court's jury instructions at defendant's trial on charges of improper distribution of controlled substances, including that it was required to find he "deliberately ignored a high probability" his prescriptions were made outside professional practice, comported with the mens rea requirements of the crimes. Affirmed.
Court: 6th Circuit, Judge: Stranch, Filed On: September 25, 2023, Case #: 22-3240, Categories: Drug Offender, Jury Instructions
[Consolidated.] J. Mathis finds the lower court erroneously dismissed the girls' clothing manufacturer's trademark infringement claims against a competitor founded by former employees. The marketing expenditures of the company and the number of years it has sold the clothes both in Kentucky and the U.S. lend significant strength to its logos, while the competitor's design is similar enough it may cause confusion among consumers. Reversed in part.
Court: 6th Circuit, Judge: Mathis, Filed On: September 21, 2023, Case #: 21-5723, Categories: Trademark, Attorney Fees
J. Bush finds the lower court properly dismissed First Amendment claims made by suspended Twitter users, as they failed to establish traceability between several statements by the federal government and the social media platform's decision to suspended their accounts for spreading Covid-19 misinformation. Twitter established its Covid-19 policy well before any statements by the press secretary or surgeon general, and because any claims of "behind-the-scenes" coercion by the federal government are conclusory at best, the complaint fails to state a claim upon which relief can be granted. Affirmed.
Court: 6th Circuit, Judge: Bush, Filed On: September 14, 2023, Case #: 22-3573, Categories: Government, Covid-19, First Amendment
J. Griffin finds the lower court properly applied the Noerr-Pennington immunity doctrine and dismissed the septic system manufacturer's antitrust complaint. Even if competitors and the certification body acted together to promote the interests of contained septic systems, the doctrine covers conduct ultimately aimed at influencing legislation. The manufacturer of the open-bottom septic system eventually withdrew its certification in fear of what state legislators might decide regarding the regulation of such systems and, therefore, its harm derived from those decisions, not the conduct of the competitors. Affirmed.
Court: 6th Circuit, Judge: Griffin, Filed On: September 12, 2023, Case #: 22-1947, Categories: Antitrust, Immunity
J. Bush finds the lower court's decision to grant the Department of Health and Human Services' motion for summary judgment on the child's Medicare claim was supported by sufficient and credible evidence, including testimony that she did not use a prosthetic device to consume Vitaflo Homocystinuria coolers for treatment of her homocystinuria, a prerequisite under Medicare. Although the patient's liver cannot process certain types of amino acids because of her condition, she does not require a feeding tube or pump that would qualify her for coverage. Affirmed.
Court: 6th Circuit, Judge: Bush, Filed On: September 11, 2023, Case #: 22-1997, Categories: Evidence, Health Care, Medicare
[Consolidated.] J. Griffin finds certain amendments to the Ohio Product Liability Act may have ramifications on the bellwether opioid epidemic trial and, therefore, this court certifies the following question of law to the Ohio Supreme Court: to what extend did the 2005 and 2007 amendments to the OPLA abrogate common law public nuisance claims?
Court: 6th Circuit, Judge: Griffin, Filed On: September 11, 2023, Case #: 22-3750, Categories: Health Care, Negligence
[Consolidated.] J. Kethledge holds the lower court erroneously found the Catholic organization's religious discrimination claims were unripe. Its submission of two separate zoning applications to the township, and two subsequent denials, granted it standing to pursue an injunction based on unfair treatment. The prayer trail and stations of the cross put up by the organization are substantially similar to installments at other public parks and do not constitute a structure under the township's zoning laws; therefore, the organization is entitled to an injunction to allow the displays to be restored before its September 23 event. Reversed in part.
Court: 6th Circuit, Judge: Kethledge, Filed On: September 11, 2023, Case #: 22-2139, Categories: Constitution, Government, Zoning
J. Bush finds the court in which a consent judgment is entered maintains exclusive jurisdiction over the dispute and, therefore, the property developer could not make a collateral attack on the judgment in federal court through the filing of a new lawsuit. Although the claims in the federal suit were different from those brought in the original rezoning action in state court, they would require the federal court to interpret or enforce the developer's consent judgment with the township and, therefore, the suit was barred by res judicata. Affirmed.
Court: 6th Circuit, Judge: Bush, Filed On: September 7, 2023, Case #: 22-1950, Categories: Government, Zoning, Jurisdiction
[Consolidated.] J. Siler finds the lower court properly denied the property owner's request for the fair market value of his home after it ruled in his favor on an unlawful takings claim against the county. Supreme Court precedent in Tyler v. Hennepin County allows the owner of a foreclosed home sold at auction to recover only the difference between the sale amount and the owner's debt. Affirmed.
Court: 6th Circuit, Judge: Siler, Filed On: September 6, 2023, Case #: 21-1248, Categories: Property, Real Estate, Damages
[Consolidated.] J. Moore finds the trial court erroneously applied the good-faith exception and denied defendant's motion to suppress evidence obtained after his electronic devices were seized via an invalid search warrant. The "bare bones" affidavit submitted by law enforcement did not establish probable cause that child pornography would be found on any of the devices. Although officers found several pornographic images on defendant's laptop after he consented to a search, none of the information about those images was included in the affidavit, and because defendant never consented to have his devices seized, his motion to suppress should have been granted and his conviction must be vacated. Reversed.
Court: 6th Circuit, Judge: Moore, Filed On: September 1, 2023, Case #: 22-5593, Categories: Search, Child Pornography
J. Davis grants the Chinese immigrant's petition for review of the Board of Immigration's decision to deny his request for asylum, ruling that although he lived for 10 years in China without persecution after being captured, beaten and interrogated for practicing his Christian faith and having a child out of wedlock, he has established a likelihood of future persecution through testimony that his family have continually warned him not to return because police are still curious about his whereabouts and activities.
Court: 6th Circuit, Judge: Davis, Filed On: September 1, 2023, Case #: 22-3807, Categories: Evidence, Immigration
J. Murphy finds the lower court properly granted the commonwealth's motion for judgment on the intrastate portion of the Ohio-based ambulance services provider's commerce claim. Kentucky's "certificate of need" law for out-of-state service providers is not discriminatory on its face because it treats in-state and out-of-state providers in the same fashion. However, because the interstate portion of the law, which prevents out-of-state providers from operating unless they demonstrate a significant need for their services in Kentucky, effectively limits competition and, therefore, violates the Commerce Clause. Reversed in part.
Court: 6th Circuit, Judge: Murphy, Filed On: September 1, 2023, Case #: 22-5808, Categories: Commerce, Constitution, Government
J. Bush finds the trial court properly applied a managerial role sentencing enhancement after defendant was convicted of drug trafficking. Although he was not the ringleader of the trafficking operation, he received a larger share of profits than others in the outfit and coordinated meetings to exchange wholesale shipments of heroin for cash. Meanwhile, a firearm enhancement was also proper based on evidence obtained from jail calls defendant made to his girlfriend, during which he told her a gun was hidden under the porch of his home, a statement sufficient to prove constructive possession of the weapon. Affirmed.
Court: 6th Circuit, Judge: Bush, Filed On: August 31, 2023, Case #: 22-5600, Categories: Drug Offender, Firearms, Sentencing
J. Bush finds the lower court properly denied the county's motion to dismiss a due process claim filed by individuals whose vehicles were seized pending criminal charges that might ultimately never be filed. The failure to provide a post-seizure hearing within a reasonable time frame deprived the individuals of their property and likely violated due process. Several individuals had to wait four to six months without their cars before they could attend a hearing, and because the majority of the seizures were warrantless and based only on the vehicles' proximity to high-crime areas, the county must provide more expedient hearings no more than two weeks after the car is seized. Affirmed.
Court: 6th Circuit, Judge: Bush, Filed On: August 31, 2023, Case #: 22-1262, Categories: Government, Vehicle, Due Process
J. Moore finds the lower court properly denied the police officers' motion for summary judgment on the grounds of qualified immunity because there is no evidence to support their warrantless intrusion into the victim's house after a 911 call reported a domestic disturbance. When the officers arrived at the victim's home, no evidence corroborated the neighbor's claim of a domestic disturbance, and although a timid woman was present in another room, the victim was not required to permit the officers into his home and no exigent circumstances existed to allow the officers to break down the door and subdue the victim. Affirmed.
Court: 6th Circuit, Judge: Moore, Filed On: August 30, 2023, Case #: 22-5751, Categories: Civil Rights, Immunity