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| Benge v. Johnson, No. 05-3122,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 16, 2007, Decided , January 16, 2007, Filed
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Overview: District court properly denied § 2254 habeas relief to death-sentenced inmate following conviction under Ohio Rev. Code Ann. §§ 2903.01(B), 2929.04(A); inmate failed to show that counsel's ineffectiveness in failing to object to erroneous jury instruction related to voluntary manslaughter resulted in actual prejudice to excuse procedural default.
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| Metro. Life Ins. Co. v. Conger, No. 06-5009,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 16, 2007, Decided , January 16, 2007, Filed
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Overview: An insurer improperly rescinded a long-term care policy issued pursuant to the Federal Long-Term Care Insurance Program, as made possible via 5 U.S.C.S. §§ 9002(a), 9003(a), part of the Long-Term Care Security Act, 5 U.S.C.S. §§ 9001-9009, because its decision, which was based on slivers of information in the record, was not well-reasoned.
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| Tatis v. US Bancorp, No. 06-3105,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 16, 2007, Decided , January 16, 2007, Filed
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Overview: District court properly granted summary judgment for bank in a customer's action based on bank's payment of forged checks drawn on account; statements held by bank were "made available" for purposes of Ohio Rev. Code Ann. § 1304.35(D), and customer did not notify bank of unauthorized checks within 30 days from date statements were "made available."
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| Van v. Jones, No. 04-2277,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 16, 2007, Decided , January 16, 2007, Filed
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Overview: A prison inmate was not entitled to a writ of habeas corpus on the basis that his attorney was not present at his consolidation hearing in a Michigan trial court because a Michigan consolidation hearing was not a critical stage of the criminal proceeding against him such as to trigger his Sixth Amendment right to the presence of counsel.
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