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| Turnage v. Norfolk S. Corp., No. 05-0509,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 28, 2006, Filed
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| Adams v. Tenn. Dep't of Fin. & Admin., 04-5718,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 1, 2006, Filed
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Overview: Terminated employee was not similarly situated to a fellow employee with whom he had a dispute since he presented no evidence that she responded to criticism from their supervisor by challenging her acts and authority in a series of vitriolic, sometimes threatening e-mails as he did. His Title VII claim was dismissed.
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| Kloian v. Simon (In re Kloian), Nos. 04-2112/2136,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 1, 2006, Filed
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Overview: District court properly deferred to debtor's GAL, appointed pursuant to Fed. R. Civ. P. 17(c) and Fed. R. Bankr. P. 7017, in dismissing debtor's appeals from bankruptcy court decisions; law of the case established that debtor could not act in bankruptcy proceedings except through GAL. Denial of second competency hearing was not abuse of discretion.
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| Rasi v. Gonzales, No.: 05-3366,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 1, 2006, Filed
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Overview: The court lacked jurisdiction to review a determination that an alien's asylum application was untimely under 8 U.S.C.S. § 1158(a)(3), It upheld an IJ's finding that the alien had not shown that he would be persecuted if he were to return to Kosovo because his testimony suggested more of a fear of starting anew than anticipated future persecution.
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| United States v. Carver, No. 04-6243,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 1, 2006, Filed
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Overview: In the context of guilty plea in ineffective assistance of counsel claim in violation of U.S. Const. amend. VI, defendant had to show not only that result would have been different had counsel not erred, but that defendant would not have pleaded guilty but for that error. Defendant could not make such a showing, and court affirmed his conviction.
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| United States v. Hill, No. 05-1721,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 1, 2006, Filed
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Overview: Defendant was properly sentenced when the district court explicitly recognized the advisory status of the U.S. Sentencing Guidelines. The use of the word "depart" did not necessarily imply that the district court treated the Guidelines as mandatory.
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| United States v. Jackson, No. 05-2086,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 1, 2006, Filed
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| Watts v. Comm'r of Soc. Sec., No. 05-6237,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 1, 2006, Filed
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Overview: Where the appeal turned on whether substantial evidence showed that there had been medical improvement in the claimant's impairment, thoracic outlet syndrome, and the court determined that substantial evidence supported the Commissioner's denial of disability benefits to the claimant, the appellate court affirmed the decision.
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