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| Giles v. Wolfenbarger, 06-1346,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 26, 2007, Filed
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Overview: Grant of habeas relief was reversed. The statute of limitations had run when the instant habeas petition was filed in federal court and it should have been dismissed by the district court as untimely and there was no basis on which to predicate equitable tolling in this case.
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| J.P. Silverton Indus. L.P. v. Sohm, No. 06-6131,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 26, 2007, Filed
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Overview: Master commissioner was entitled to quasi-judicial immunity because it was determined that there was no judicial discretion involving an act of ordering the sale of a property that was subject to a judgment; it was a purely ministerial act. The act of enforcing a court order was intrinsically associated with a judicial proceeding.
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| Lang v. United States, No. 05-2700,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 26, 2007, Filed
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| Parker v. General Extrusions, Inc., No. 06-3353,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 26, 2007, Decided, June 26, 2007, Filed
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Overview: District court erred in setting aside jury's punitive damages award under Fed. R. Civ. P. 50(b) on employee's hostile work environment claim under Title VII, 42 U.S.C.S. § 2000e et seq.; award was proper under 42 U.S.C.S. § 1981a(b)(1) because manager acted with reckless indifference and employer did enforce non-discrimination policy in good faith.
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| Pollett v. Rinker Materials Corp., No. 05-6459,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 26, 2007, Filed
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| United States v. Crowell, No. 06-5902,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 26, 2007, Decided, June 26, 2007, Filed
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Overview: Sufficient evidence supported the possession element in defendant's conviction for being felon in possession of firearm, 18 U.S.C.S. § 922(g)(1); 235-month sentence was reasonable, and use of a juvenile adjudication as predicate offense for ACCA, 18 U.S.C.S. § 924(e), was proper because it did not violate due process or run afoul of Apprendi.
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| United States v. Hudson, No. 05-2656,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 26, 2007, Decided, June 26, 2007, Filed
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Overview: Ample evidence allowed a jury to conclude that defendant met 18 U.S.C.S. § 666(d)(1)'s definition of an agent since he was given board authority by a school district from which he stole funds to set up the television station. His contention that his title as an independent contractor insulated him from prosecution was rejected.
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| United States v. Luokkala, No. 06-1254,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 26, 2007, Filed
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Overview: At resentencing, a district court imposed a procedurally and substantively reasonable sentence because it adequately considered the factors articulated in 18 U.S.C.S. § 3353(a), considered the facts of the case anew after remand, took into account defendant's post-sentencing behavior, and weighed defendant's mitigating factors.
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| United States v. Robbins, Case No. 06-3697,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 26, 2007, Filed
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Overview: District court properly denied motion to suppress evidence in trial for violations of 21 U.S.C.S. § 841(a)(1) and 18 U.S.C.S. §§ 924, 922(g)(1); affidavit accompanying request for search warrant for residence was sufficient to establish probable cause because detective specified that confidential informant had given accurate information in past.
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