U.S. Sixth Circuit: June 2012 Archives
U.S. Sixth Circuit - The FindLaw 6th Circuit Court of Appeals Opinion Summaries Blog

June 2012 Archives

Sixth Circuit: Posthumous Denaturalization Appeal is Moot

The Sixth Circuit Court of Appeals refused to grant posthumous citizenship to former Nazi guard John Demjanjuk this week, finding that the appeal became moot when Demjanjuk died in March.

It's an anti-climatic end to a denaturalization case that spanned decades.

The Naked Meaning of Res Judicata: Stripper Loses Appeal

Some lawyers chose the legal profession for the money that clients toss at their well-shod feet. In that regard, they have something in common with strippers.

Occasionally, lawyers and strippers cross paths on a professional level. That's what we have in today's Sixth Circuit Court of Appeals case, a doozy of a decision on res judicata.

Government Can't Claim Money Buried on Golf Course

People might enjoy reading bankruptcy cases if more of those cases included money buried on a golf course.

In what the Sixth Circuit Court of Appeals characterizes as “a fact pattern befitting a John Grisham novel,” FBI agents found $250,000 of “fraudster” A. William Erpenbeck, Jr.’s cash stashed in a cooler on a golf course outside Cincinnati while Erpenbeck was serving a 300-month sentence in federal prison.

Thursday, the Sixth Circuit ruled that the feds couldn’t keep the cash because they didn’t give proper notice of their intent to seize the money for restitution.

No Due Diligence? No Fraud by Omission Recovery

Maybe $50 million isn't a lot of money to a bank.

Before the mortgage meltdown of 2007 and 2008, Republic Bank & Trust Company purchased over $50 million of residential-mortgage-backed securities from Bear Stearns.

Anyone who knows anything about the mortgage industry can easily spot three red flags in that paragraph, so it's no surprise that Republic's investment turned out to be a bad decision. Republic lost millions on the deal, and Republic and Bear Stearns found themselves litigating responsibility for that bad decision before the Sixth Circuit Court of Appeals.

Sober Woman Held 2 Days for DUI Can Sue Cop

What do you get when you combine a possibly-overzealous cop with an allegedly-drunk driver, who is cleared of all charges after a urine test and two days in the slammer? A civil rights lawsuit debating reasonable suspicion, of course.

Ohio State Highway Patrol Trooper Adam Throckmorton arrested plaintiff Catrena Green for driving under the influence of alcohol or drugs following an evening traffic for failing to dim her high beams in the face of oncoming traffic. The arrest was based on Green's responses to a series of field sobriety tests, but the charges were dropped when Green's urine sample later came back clean.

Felon Offers to 'Take the Charge', Loses Motion to Suppress

When we review the daily decisions from the federal appellate courts, we tend to click on cases that include famous names. Our quasi-celebrity fixation is how we found the Joe the Plumber decision the day it came out in April. It has also resulted in posts on luminaries like David Bowie and Jon Ham, (just not that David Bowie or Mad Men's Jon Hamm.)

The point is, we became similarly distracted when we saw a Sixth Circuit Court of Appeals decision about Michael Collins. We knew this wasn't an appeal involving the Irish revolutionary leader -- he's been dead for 90 years -- but we just had to read it. It turns out that this Michael Collins is appealing a 15-year prison sentence for being a felon in possession of a gun, and an armed career criminal.

Fifty Shades of Appeals: What is Sufficient Evidence of Extortion?

Since people can't seem to get enough of Fifty Shades of Grey these days, we're treating you this week with the closest things the appellate courts have to offer in the way of erotic thrillers: the sex tape scandal.

Take a journey with us through the world of a forbidden relationship that finds its way to the Sixth Circuit Court of Appeals.

Man Detained 17 Years After Conviction Overturned Can't Sue

The Sixth Circuit Court of Appeals knows a miscarriage of criminal justice when it sees one, but that doesn't mean that it will entertain civil litigation to right the wrong.

Last week, the Sixth Circuit affirmed a district court decision dismissing a lawsuit filed by a man who was held for 17 years without a trial after a state appellate court overturned his first conviction, reports The Chattanoogan.