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| Foley v. Parker, No. 04-5746,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 22, 2007, Decided , March 22, 2007, Filed
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Overview: District court properly denied death-sentenced Kentucky inmate's § 2254 petition; rebuttal evidence did not deny fair trial, inmate played active role in counsel's failure to produce penalty phase mitigating evidence, denial of venue change was reasonable given jurors' impartiality attestation, and alleged perjured testimony was not crucial link.
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| Hawkins-Dunn v. GMC, No. 05-2124,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 22, 2007, Filed
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Overview: Employee was not entitled to an additional 0.8 years of participation under the employer's extended disability benefits plan because the employee could not add the credit she received for a corporation-approved leave of absence that occurred after January 27, 1987, to the years of participation she had on that date.
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| United States v. Ivy, No. 06-5369,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 22, 2007, Filed
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Overview: Denial of motion to suppress evidence was proper in trial for being felon in possession of a firearm, 18 U.S.C.S. § 922(g); defendant was arrested after officer discovered that pill bottle dropped by defendant contained crack cocaine, and pat-down search that produced gun did not violate Fourth Amendment because it was incident to lawful arrest.
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| United States v. Kosinski, No. 05-2664,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 22, 2007, Decided , March 22, 2007, * Filed * This decision was originally issued as an "unpublished decision" filed on March 22, 2007. The court has now designated the opinion as one recommended for full-text publication.
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Overview: District court had concluded that it did not have authority to depart from the sentencing guidelines, and applied the guidelines as mandatory. The district court was not bound to go to offense level 10 because the guidelines were advisory. Since court applied the sentencing guidelines as mandatory, the district court's sentence violated Booker.
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| United States v. Kosinski, No. 05-2664,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 22, 2007, Filed
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Overview: Defendant's sentence was vacated and remanded for resentencing because district court had discretion to calculate and consider the tax loss amount for sentencing purposes provided that the court did not consider itself required to do so, and as long as the calculation was based on reliable information and supported by preponderance of the evidence.
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| Vill. of Oakwood v. State Bank & Trust Co., No. 06-3117,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 22, 2007, Decided , March 22, 2007, Filed
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Overview: Uninsured depositors in failed Ohio bank were entitled to remand action against successor Ohio bank to state court because intervention by FDIC in suit between the nondiverse parties, which raised state law claims, could not create federal jurisdiction under 12 U.S.C.S. § 1819(b)(2) where FDIC had not been a party in state court prior to removal.
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| Williamson v. Aetna Life Ins. Co., No. 05-6911,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 22, 2007, Decided , March 22, 2007, Filed
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Overview: Where an insurer was sued under the Tennessee Consumer Protection Act, Tenn. Code Ann. § 47-18-104, the bad faith statute, Tenn. Code Ann. § 56-7-105, and for breach of contract, summary judgment was proper as its denial of continued coverage to an individual as a "fully handicapped dependent" was, at most, erroneous, and bad faith was not shown.
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