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| Alley v. Little, No. 06-5650,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 12, 2006, Filed
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Overview: Where the U.S. Supreme Court had not issued a nationwide stay of execution by lethal injection pending its resolution of a procedural issue in a case before it, and instead, the Court had denied and even vacated stays in similar cases, the district court erred by issuing a preliminary injunction and stay of execution in inmate's § 1983 suit.
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| Bratt Enters. v. Noble Int'l, Ltd., No. 05-3701,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 12, 2006, Filed
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Overview: By agreeing to a cap on the accounts payable that would be assumed by purchasers, the parties allocated to the seller the risk that its payables would exceed the amount of the cap. The very nature of such a cap was to shift risk from the buyer to the seller, and the record showed that the purchaser wanted the cap for exactly that reason.
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| Ndiaye v. Gonzales, No. 05-3300,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 12, 2006, Filed
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Overview: Alien's testimony did not provide the compelling evidence necessary to reverse the IJ's negative credibility determination with regard to the denial of his application for asylum and withholding of removal; however, the fact that the alien was not eligible for asylum and withholding of removal did not bar his claim under the CAT.
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| Sanderson v. HCA-The Healthcare Co., No. 04-6342,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 12, 2006, Decided , May 12, 2006, Filed
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Overview: District court properly dismissed former auditor's False Claims Act qui tam action, 31 U.S.C.S. § 3730(b), against hospital; complaint failed to meet requirements of Fed. R. Civ. P. 9(b) because it identified accounting methodology that was allegedly prohibited under Medicaid/Medicare but did not identify any specific claim submitted to Government.
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| United States v. Clay, No. 05-3556,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 12, 2006, Filed
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Overview: An officer who pulled into a driveway and blocked a vehicle had sufficient reasonable suspicion justifying a Terry stop under the Fourth Amendment because the officer believed that the vehicle was parked behind an abandoned house in a high crime area and the passengers of the vehicle had stared at the officer and had made furtive hand movements.
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| United States v. Green, No. 05-3786,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 12, 2006, Filed
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Overview: District court's imposition of the same 160-month sentence after a post-Booker remand was not violative of defendant's rights under U.S. Const. amends. VI and XIV. United States Court of Appeals for the Sixth Citcuit had consistently turned aside constitutional challenges to sentence premised on preponderance of the evidence judicial factfinding.
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| United States v. Ward, No. 05-5822,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 12, 2006, Decided , May 12, 2006, Filed
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Overview: Sentence of 220 months' imprisonment imposed on defendant's armed bank robbery conviction, which was within the recommended USSG range, was reasonable where district court considered the relevant 18 U.S.C.S. § 3553(a) factors, including nature of offense, severity of crime, defendant's criminal history, his drug addiction, and need for restitution.
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| Winn v. Renico, No. 04-1756,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 12, 2006, Filed
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Overview: Because it was determined that prosecution, in association with police department, made good faith effort to locate witnesses, and present them at trial, trial court properly determined that witnesses were unavailable prior to admitting their preliminary examination testimony. There was no violation of state inmate's U.S. Const. amend. VI right.
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| Alley v. Key, Nos. 06-5552,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 14, 2006, Filed
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Overview: District court properly dismissed death-row inmate's § 1983 suit, in which inmate sought access to physical evidence to perform DNA testing. There was no federal constitutional right to postjudgment DNA testing, and Tennessee's Post-Conviction DNA Analysis Act, Tenn. Code Ann. § 40-30-301 et seq., did not create such a right.
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