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   Federal Courts - 6th Circuit Court of Appeals - January 29, 2007

  
Davis v. Coyle, No. 02-3227, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 29, 2007, Decided , January 29, 2007, Filed
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Overview: Death-sentenced Ohio inmate was entitled to § 2254 habeas relief allowing new sentencing hearing; Ohio courts committed prejudicial U.S. Const. amends. VIII, XIV error in denying Ohio Rev. Code Ann. § 2929.04 right to present mitigating evidence of post-sentence good prison behavior at resentencing hearing after original sentence was reversed.

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Floyd v. Caruso, No. 05-1271, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 29, 2007, Filed
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Overview: Dismissal under the Prison Litigation Reform Act (PLRA) of an inmate's lawsuit that contained both exhausted and unexhausted claims was reversed and remanded so that the district court could proceed with the exhausted claims while dismissing the unexhausted claims according to the holding of the United States Supreme Court.

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Hall v. State Farm Mut. Auto. Ins. Co., No. 05-2530, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 29, 2007, Filed
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Overview: A trial court had jurisdiction over suit against an insurer for breach of contract under the Class Action Fairness Act (CAFA), 28 U.S.C.S. § 1453(b), because, although the suit was initially filed before CAFA's enactment, an amended complaint commenced a new action after its enactment and the new class representative was not already a "party."

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United States v. Edwards, No. 05-2634, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 29, 2007, Filed
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Overview: To the extent a prosecutor's comment in his closing argument introduced additional evidence about fingerprints on a weapon, they were arguably improper. However, defendant charged with violating 18 U.S.C.S. § 922(g) could not establish reversible error because the brief comment could not have plausibly constituted flagrant prosecutorial misconduct.

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