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| MacDermid v. Discover Fin. Servs., No. 06-5792,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 29, 2007, Decided , May 29, 2007, Filed
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Overview: While a credit card company was actually owed a debt, a wife was not necessarily criminally liable for credit card fraud. As such, her husband had stated a claim for outrageous conduct based on the company's threats of criminal prosecution for failure to pay a purely civil debt which he alleged drove the wife to commit suicide.
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| Mitchell v. United States, NO. 05-6783,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 29, 2007, Filed
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Overview: Police were entitled under the Fourth Amendment to investigate further and to remove a gun from defendant where they had received an anonymous tip that six black males, dressed in dark clothing, were firing shots in an apartment complex and several minutes later, they encountered defendant at the complex, who acknowledged that he had a weapon.
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| Petcu v. Gonzales, Nos. 06-3107, 06-3852,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 29, 2007, Filed
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Overview: Aliens' appeal was denied because the BIA did not abuse its discretion when it denied the aliens' motion to reopen based upon alleged ineffective assistance of counsel. The aliens had not established that counsel's conduct impinged upon the fundamental fairness of the proceedings pursuant to the Fifth Amendment.
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| Preferred Capital, Inc. v. Sarasota Kennel Club, Inc., No. 06-3063,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 29, 2007, Decided , May 29, 2007, Filed
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Overview: State law applied to forum selection clause because application of federal law would under cut the Erie test; therefore, the motion to dismiss was affirmed because the information imbalance regarding the likely assignment of the rental agreement combined with the presence of a floating forum selection clause violated the state's public policy.
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| Procaccio v. Lambert, No. 06-4299,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 29, 2007, Filed
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Overview: District court properly granted summary judgment for ATF in gun dealer's 18 U.S.C.S. § 923(f)(3) action seeking review of sales license revocation based on record-keeping violations; dealer "willfully" violated Gun Control Act, 18 U.S.C.S. § 921 et seq., by disregarding known obligation. It was not necessary for dealer to act with "bad purpose."
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| Sinkfield v. Brigano, No. 06-3512,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 29, 2007, Decided , May 29, 2007, Filed
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Overview: Denial of habeas petition was affirmed because exclusion of testimony did not result in denial of the inmate's due process and compulsory process rights. The state court carefully evaluated the factors outlined in Chambers v. Mississippi and concluded that the requisite indicia of reliability were not present.
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| United States v. Melton, No. 05-5707,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 29, 2007, Filed
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Overview: District court did not commit plain error in sentencing defendant to 55 months following guilty plea to aiding and abetting carjacking, 18 U.S.C.S. §§ 2119, 2; pepper spray was "dangerous weapon" under U.S. Sentencing Guidelines Manual § 2B3.1(b)(2)(E). Defendant had knowledge of pepper spray's existence and intended use by principal in carjacking.
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| United States v. Stamper, NO. 06-5138,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 29, 2007, Filed
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Overview: Defendant's claim for ineffective assistance of counsel because counsel did not file an appeal was moot because defendant had been allowed, after a § 2255 motion, to file an out-of-time appeal. Defendant's other claims for ineffective assistance of counsel were more appropriately brought in a collateral proceeding.
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| United States v. Ormsby, No. 06-5689,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 30, 2007, Filed
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Overview: Defendant was properly convicted of mail fraud based on diversion of funds from charitable bingo games intended for a school, since defendant's use of the funds to aid poor families did not negate defendant's conversion of the funds intended for the school, and acquittal on some counts did not constitute an inconsistent verdict.
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