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| ACLU of Tenn. v. Bredesen, No. 04-6393,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 17, 2006, Decided , March 17, 2006, Filed
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Overview: Although State's one-sidedness with respect to a very contentious political issue could be ill-advised, Tenn. Code Ann. § 55-4-306 did not violate First Amendment because the State could express public policy views by enlisting private volunteers to disseminate its message, even if the views were particularly controversial or politically divisive.
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| Beck-Wilson v. Principi, No. 04-4010,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 17, 2006, Decided , March 17, 2006, Filed
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Overview: District court erred in granting summary judgment for Department of Veterans Affairs (VA) in nurse practitioners' (NP) action under Equal Pay Act, 29 U.S.C.S. § 206(d); NPs raised genuine issue of pretext in VA's reliance on the statutory pay scales under 38 U.S.C.S. §§ 7451, 7404 to maintain pay differential between NPs and physician assistants.
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| Brentwood Acad. v. Tenn. Secondary Sch. Ath. Ass'n, Nos. 03-5245/5278,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 17, 2006, Decided , March 17, 2006, Filed
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Overview: Athletic association violated First and Fourteenth Amendments when it fined member school for alleged violations of recruiting rule. U.S. Supreme Court already held that association was state actor; thus, its actions implicated First Amendment. Association's application of its rule was not narrowly tailored to accomplish association's interests.
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| Broom v. Mitchell, No. 03-4370,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 17, 2006, Decided , March 17, 2006, Filed
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Overview: Denial of a 28 U.S.C.S. § 2254 petition was affirmed where the admission of "other acts" evidence did not deny the inmate his constitutional rights to due process and a fair trial; all three incidents occurred within a few months of each other, within a few miles of each other, and all involved young girls walking along a street after dark.
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| United States v. Ouwenga, No. 04-2330,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 17, 2006, Filed
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Overview: Defendant's convictions for defrauding the government and tax evasion were affirmed because indictment set forth the charges with sufficient specificity to not only put defendant on notice of the offenses charged, but also would have prevented subsequent prosecution for the same offense and the evidence was sufficient to support the convictions.
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| Cela v. Gonzales, Nos: 04-4457/05-3090,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 20, 2006, Filed
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Overview: Immigration judge drew a reasonable inference regarding the motive of the immigrant's persecutors when he found that any difficulties the immigrant and his family experienced were not on account of the immigrant's political opinion but, rather, on account of the fact that he was an honest police officer.
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| United States v. One TRW, Model M14, 7.62 Caliber Rifle, No. 04-5082,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 20, 2006, Decided , March 20, 2006, Filed
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Overview: Government was properly granted summary judgment in 26 U.S.C.S. § 5872(a) action for forfeiture of weapon; testimony of claimant's expert that weapon could be converted into automatic weapon in six hours sufficed to establish that weapon could "be readily restored to shoot" automatically under 26 U.S.C.S. § 5845(b)'s definition of "machinegun."
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