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| Dixon v. Pennell, 02-2210,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 30, 2006, Filed
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Overview: For the reasons stated by the district court, a state inmate was not entitled to habeas relief (28 U.S.C.S. § 2254) from his conviction and life sentence for, inter alia, first-degree murder; inmate had procedurally defaulted most of his claims, while others involved harmless error. Also, Crawford did not apply retroactively.
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| Salt Lick Bancorp v. FDIC, No. 05-5291,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 30, 2006, Filed
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Overview: Where appellants' claims against FDIC alleged a deprivation of property without due process of law, under Meyer, appellants could not bring such a claim against the FDIC, a federal agency. Meyer refused to extend Bivens to authorize suits against federal agencies themselves, holding that the logic of Bivens did not support such an extension.
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| United States v. Berry, Case No. 04-6383,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 30, 2006, Filed
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Overview: Denial of motion to suppress was affirmed because defendant gave the officers oral permission to enter his home in order to search for the man with the ponytail, who had ran into the home when he noticed the officers, and defendant gave oral, but not written, permission to search the home for contraband after the initial search.
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| United States v. Gonzales, No. 05-5340 / 5348,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 30, 2006, Filed
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Overview: Court affirmed codefendants' convictions for violating 21 U.S.C.S. § 841(a)(1) and 21 U.S.C.S. § 846. Where defendant made no statements or requests suggesting that his Spanish-speaking interpreter was having trouble or was unqualified, the trial court did not err by failing to order, sua sponte, an audio recording of the interpretation.
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| Ba v. Gonzales, No. 04-3759,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 31, 2006, Filed
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Overview: BIA did not abuse its discretion in denying alien's motion to reopen, which alleged that counsel's failure to submit brief deprived her of right to seek petition for review from denial of asylum, because alien failed to establish that but for her attorney's actions, she would have been able to remain in United States.
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| Myers v. Cuyahoga County, No. 05-3370,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 31, 2006, Filed
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Overview: Judgment granting summary judgment to an employer on an employee's claims under the ADA, Title VII, and Ohio Rev. Code Ann. § 4112 was affirmed; the employee was terminated for failure of good behavior and discourteous treatment to the public after the employee committed many serious disciplinary offenses during the months prior to her removal.
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| Scott v. Potter, No. 05-3991,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 31, 2006, Filed
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Overview: A supervisor's statement, "Why don't you retire and make everybody happy," alone did not constitute direct evidence of age discrimination under the Age Discrimination in Employment Act of 1967, 29 U.S.C.S. § 623. Nor had the employee shown that defendants used the term "retire" as a proxy for age to express discriminatory bias.
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| United States v. Brown, No. 05-5437,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 31, 2006, Decided , May 31, 2006, Filed
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Overview: Upon responding to a security alarm, an officer's entry into defendant's basement door was justified under exigent circumstances exception to U.S. Const. amend. IV warrant requirement because officer reasonably believed burglary was in progress; entry into interior room where marijuana plants were in plain view did not exceed scope of exigency.
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