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| Cross v. Stovall, No. 05-1528,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 14, 2007, Filed
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Overview: State appellate court's denial of prosecutorial misconduct claims was adequate and independent ground that foreclosed review of petitioner's ineffective assistance of trial counsel claims; petitioner's ineffective assistance claim was doomed by the fact she made nothing more than conclusory assertions about actual prejudice.
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| NLRB v. St. Mary's Acquisition Co., Nos. 05-1861 & 05-1966,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 14, 2007, Filed
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Overview: Remand by NLRB was not an abuse of discretion because the ALJ should not have disregarded the general counsel's reservation of right by excluding evidence of a prior settled case because it was a long-standing precedent that such evidence was admissible. Because no party objected to ALJ's supplement order the court was precluded from reviewing it.
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| Roberts v. Manigold, No. 06-2039,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 14, 2007, Filed
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Overview: Although the events plaintiff described took place over a very short period of time, a reasonable jury could find that the officer used unnecessary and gratuitous (and thus excessive) force in violation of plaintiff's clearly established Fourth Amendment right. Therefore, the officer was not entitled to qualified immunity as a matter of law.
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| Thoroughbred Software Int'l, Inc. v. Dice Corp., No. 06-2080,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 14, 2007, Decided , June 14, 2007, Filed
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Overview: Issue of whether plaintiff was entitled to attorney's fees after appellate court found that district court erroneously failed to find plaintiff the prevailing party was remanded to the district court in order to enter judgment in favor of plaintiff on its claim for actual damages for the unused infringing software in the amount of over $ 183,000.
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| United States v. Akins, No. 05-6862,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 14, 2007, Filed
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Overview: Where witnesses testified they had never seen defendant use crack cocaine before, which created inference that defendant resold crack cocaine he bought rather than use it, and where scales and almost five grams of crack cocaine were found during search of defendant's residence, evidence was sufficient to support 21 U.S.C.S. § 841 conviction.
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| United States v. Jackson, No. 06-3754,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 14, 2007, Filed
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Overview: District court properly denied defendant's motion to withdraw his guilty plea because defendant did not allege any specific confusion as a result of the district court's technical misstatement of the 18 U.S.C.S. § 924(c) elements and defendant agreed in writing to plead guilty to possession of a firearm in furtherance of a drug trafficking crime.
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| United States v. Jones, No. 06-5181,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 14, 2007, Filed
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Overview: There was sufficient evidence for a reasonable jury to find a defendant guilty of possession of crack cocaine with intent to distribute more than 50 grams because, inter alia, he confessed to ownership of the drugs and signed a written confession to that effect, and there was uncontested evidence of his aiding and abetting the drug possession.
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| United States v. Leke, No. 06-6238,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 14, 2007, Filed
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Overview: Sufficient evidence was presented for conspiracy conviction under 18 U.S.C.S. § 371 in that defendant was the last employee to access ATM in which large amount of money was taken, that he had discussed his financial problems with co-workers, that he planned to quit soon, and that he led investigators to exact location of discarded money cassettes.
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| United States v. Ramirez-Perez, No. 06-1640,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 14, 2007, Filed
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Overview: Sentence was procedurally reasonable because the district court adequately discussed the relevant 18 U.S.C.S. § 3553(a) factors at sentencing. Although district court failed to specifically address letters favorable to defendant, the omission did not affect the fairness, integrity, or public reputation of the proceedings.
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| United States v. Turrell, No. 06-3609,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 14, 2007, Filed
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Overview: Defendant's sentence was affirmed because there was no plain error. Clearly, based on a detective's testimony as well as defendant's own admissions (in his plea agreement and at his change of plea hearing), the sentencing court had more than a "preponderance of the evidence" to attribute 500 grams of heroin and 500 grams of cocaine to him.
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