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| Hudson v. Berghuis, No. 04-2062,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 7, 2006, Filed
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Overview: Michigan inmate was properly denied 28 U.S.C.S. § 2254 relief following second-degree murder conviction arising from car accident in which he claimed he was not driver; there was no due process violation in prosecution's failure to preserve and disclose certain potentially exculpatory evidence. Lack of instruction on flight was not prejudicial.
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| United States v. Fudge, No. 04-2403,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 7, 2006, Filed
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Overview: Government's evidence was consistent with intent to distribute narcotics, including digital scale, plastic baggies, a police scanner, and surveillance, plus testimony regarding unusual visitation patterns around defendant's building and apartment. Evidence was sufficient to support defendant's convictions for violating 21 U.S.C.S. §§ 841 and 844.
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| Zucker v. After Six, Inc., No. 05-3347,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 7, 2006, Filed
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Overview: Where the court determined that issue before it was whether the dispute between a company and a sales representative who was terminated after the company had restructured its sales force, the court found that the dispute occurred two years after the expiration of the sales representative agreement, and therefore arbitration was not required.
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| United States v. Clemons, No. 05-5364,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 10, 2006, Filed
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Overview: When defendant refused to obey officer's command and verbally threatened officer and lunged at another officer, there was probable cause to arrest him. In light of the fact that there was probable cause to arrest defendant, the officers necessarily had authority to search him incident to that arrest and discover the crack cocaine in his possession.
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| United States v. Wisdom, No. 04-6215,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 10, 2006, Filed
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Overview: District court did not err in relying on hearsay at sentencing following guilty plea under 21 U.S.C.S. § 841(a)(1), in calculating quantity of cocaine under U.S. Sentencing Guidelines Manual § 2D1.1, or in finding obstruction of justice under U.S. Sentencing Guidelines Manual § 3C1.1; however, application of mandatory guideline scheme was error.
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