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| Awkal v. Mitchell, No. 01-4278,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 8, 2006, Filed
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Overview: Appellate court remanded to district court for an update as to inmate's current mental competency because approximately one year had passed since the district court's determination that the inmate was not competent to withdraw his appeal of the denial of his habeas petition that challenged his conviction for first-degree murder and death sentence.
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| Expert Masonry, Inc. v. Boone County, No. 05-5062,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 8, 2006, Decided , March 8, 2006, Filed
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Overview: Unsuccessful bidder on public construction contract failed to state a prima facie violation of Sherman Act, 15 U.S.C.S. § 1; circumvention of bidding process did not constitute antitrust injury. Bidder also had no protected property interest under U.S. Const. amend. XIV because the county had broad discretion under Ky. Rev. Stat. Ann. § 67.083(3).
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| Smith v. GMC, No. 05-3498,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 8, 2006, Filed
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Overview: Employer's failure to prohibit its employees from wearing loose fitting coveralls and ponytails while working in decreased ambient lighting was not egregious enough to find that the employer had the inferred intent required for an intentional tort and injured employee was not entitled to an exception to the Ohio Workers' Compensation Act.
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| United States v. Anglin, Case No. 05-5075,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 8, 2006, Filed
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Overview: 18 U.S.C.S. § 751 was not one of the crimes specifically listed in the guidelines as a per se crime of violence, but it could still be considered one if it had as an element the use, attempted use, or threatened use of physical force against the person of another. U.S. Sentencing Guidelines Manual § 4B1.2(a)(2).
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| United States v. Turner, No. 04-6407,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 8, 2006, Filed
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Overview: Defendant's sentence was affirmed because plea agreement was sufficiently clear to effect a waiver of defendant's right to appeal whether the sentencing guidelines should have been applied at all and under 18 U.S.C.S. § 3553(a)(2)(B) the district court could impose a sentence of general deterrence and was not limited to specific deterrence.
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| Bazzetta v. McGinnis, No. 04-1823,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 9, 2006, Filed
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| Amini v. Oberlin College, No. 04-3420,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 10, 2006, Decided , March 10, 2006, Filed
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Overview: Where evidence cited by applicant did not amount to direct evidence of discrimination because racial composition of college's faculty did not lead ineluctably to conclusion that college considered race when eliminating applicant from consideration for position for which he applied, summary judgment on 42 U.S.C.S. § 1981 claim was proper.
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