10 results for 'judge:"Gilman"'.
J. Gilman finds the lower court erroneously ordered an evidentiary hearing regarding the prisoner's exhaustion of administrative remedies. The exhaustion question was intertwined with the First Amendment claims that are the substance of his complaint against the prison supervisor. The supervisor allegedly repeatedly tore up grievances based on his sexual harassment of the inmate and, therefore, prevented the inmate from pursuing administrative remedies. Reversed.
Court: 6th Circuit, Judge: Gilman, Filed On: March 19, 2024, Case #: 22-1298, Categories: Civil Procedure, First Amendment, Prisoners' Rights
J. Gilman finds the lower court erroneously dismissed the parent company's lawsuit against creditors. Although its subsidiary had stipulated to various claims filed by the creditors in a prior bankruptcy case, those stipulations did not constitute a final decision on the merits that would allow for the application of res judicata. Reversed.
Court: 6th Circuit, Judge: Gilman, Filed On: February 8, 2024, Case #: 23-5476, Categories: Bankruptcy, Civil Procedure
J. Gilman grants an immigrant's petition for review of the Board of Immigration Appeals’ (BIA) decision and order denying her motion to remand for the consideration of her application for asylum. The BIA abused its discretion in failing to properly evaluate whether the immigrant had established good cause for missing a filing deadline.
Court: 9th Circuit, Judge: Gilman, Filed On: December 28, 2023, Case #: 21-411, Categories: Immigration
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
J. Gilman finds the trial court improperly failed to include a jury instruction on the lesser-offense of simple possession during defendant's trial for possession with intent to distribute. Evidence defendant was a drug user himself, was known to purchase a large quantity at a time for personal use, and did not have an overwhelming amount of drugs on him when he was arrested indicates he may have had no intent to sell the drugs. Reversed.
Court: 6th Circuit, Judge: Gilman, Filed On: August 14, 2023, Case #: 22-3552, Categories: Drug Offender, Evidence, Jury Instructions
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J. Gilman finds the lower court erroneously granted the county's motion for summary judgment on procedural grounds on an inmate's excessive force action. The inmate's failure to exhaust her administrative remedies was due, at least in part, to the prison staff's refusal to provide the proper forms or expedite the process. Reversed.
Court: 6th Circuit, Judge: Gilman, Filed On: July 17, 2023, Case #: 22-1485, Categories: Civil Procedure, Civil Rights
J. Gilman finds the statutory maximum sentence handed down by the trial court for defendant's firearms convictions was not procedurally unreasonable. Her point-blank shooting of a police officer after a vehicle chase sufficiently showed she had intent to kill the officer, which renders the court's guideline range accurate. Affirmed.
Court: 6th Circuit, Judge: Gilman, Filed On: July 12, 2023, Case #: 22-5624, Categories: Firearms, Sentencing
[Consolidated.] J. Gilman finds the trial court properly denied defendants' request for a buyer-seller jury instruction during their trial on drug trafficking and conspiracy charges. Not only did portions of the requested instruction contained incorrect statements of law, but the conspiracy instruction covered all elements of the conspiracy and the criminal acts with which defendants were charged. However, defendants' sentences must be vacated because the trial court failed to determine the purity of the total amount of methamphetamine mixture sold. Vacated in part.
Court: 6th Circuit, Judge: Gilman, Filed On: June 30, 2023, Case #: 21-6161, Categories: Drug Offender, Sentencing, Jury Instructions
[Consolidated.] J. Gilman finds the trial court properly calculated the guidelines for a father and son's life imprisonment sentences on kidnapping convictions. The trial court properly applied a sexual-exploitation enhancement to the son's sentence based on evidence he had non-consensual sex with the female victim. Affirmed.
Court: 6th Circuit, Judge: Gilman, Filed On: June 21, 2023, Case #: 22-5420, Categories: Drug Offender, Sentencing, Kidnapping
J. Gilman grants an immigrant's petition for review of the Board of Immigration Appeals’ dismissal of his appeal of an immigration judge’s determination that his asylum application had been abandoned because it was not timely filed. The Immigration Judge's rejection of the opportunity to file a relief application deprived the immigrant of a full and fair opportunity to be heard.
Court: 9th Circuit, Judge: Gilman, Filed On: June 7, 2023, Case #: 21-298, Categories: Immigration