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| McCalvin v. Yukins, No. 05-1111,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 5, 2006, Decided , April 5, 2006, Filed
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Overview: Upon weighing the totality of circumstances surrounding inmate's confession, it was objectively reasonable for Michigan Court of Appeals to hold that inmate's will was not overborne. Moreover, inmate's interrogation was distinguishable from an interrogation that was deemed coercive, and therefore grant of 28 U.S.C.S. § 2254 petition was erroneous.
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| Pavlovich v. Nat'l City Bank, No. 05-4037,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 5, 2006, Submitted , April 5, 2006, Decided , April 5, 2006 *, Filed * This decision was originally issued as an "unpublished decision" filed on April 5, 2006. The court has now designated the opinion as one recommended for full-text publication.
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Overview: District court properly granted bank's motion for costs and fees after it granting summary judgment under Ohio Rev. Code Ann. § 2923.34(H), provision of Ohio's civil RICO statute, because later litigation of dismissed state RICO claims was barred by res judicata, bank's motion was timely, and sum allowed was proper.
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| Pavlovich v. Nat'l City Bank, No. 05-4037,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 5, 2006, Filed
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Overview: Trial court did not abuse its discretion by awarding bank costs and attorney's fees per Ohio Rev. Code Ann. § 2923.34(H). Based on summary judgment granted to bank, investor's Ohio civil RICO claims, which she voluntarily dismissed, would be res judicata and bank was a prevailing party for purposes of § 2923.34(H). Bank's motion was timely.
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| Sine v. Bank of N.Y., No. 05-3631,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 5, 2006, Filed
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Overview: Where, on several occasions, plaintiff intentionally violated TRO that barred him from transferring partnership's assets and an order that he account for assets, district court was justified in finding that plaintiff was in criminal contempt and in imposing sanctions, including entry of judgment against him on bank's counterclaim for conversion.
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| United States v. Sharp, No. 04-4065,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 5, 2006, Decided , April 5, 2006, Filed
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Overview: Because defendant testified in open court that he had read his plea agreement, that he understood its terms, and that he had discussed the agreement with his attorney, the district court satisfied Fed. R. Crim. P. 11 by ensuring that the appellate-waiver provision was discussed in open court and that defendant understood his plea agreement.
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| United States v. Van Hoosier, No. 04-6297,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 5, 2006, Decided , April 5, 2006, Filed
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Overview: Where defendant admitted he aided and abetted another individual in carrying semiautomatic rifle in connection with drug crime, violation of 18 U.S.C.S. § 924(c)(1)(B)(i), even though other individual was sentenced under § 924(c)(1)(A)(i), district court erred by failing to impose ten-year mandatory sentence required by § 924(c)(1)(B)(i).
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