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

July 2012 Archives

Fourth Amendment Violation Turns on Who Let the Dogs Out

When the Baja Men repeatedly asked listeners "who let the dogs out," they probably had no idea that the answer to that question would be critical in determining whether a search violated a suspect's Fourth Amendment rights.

But in the Sixth Circuit Court of Appeals, it is.

All's Fair in Love, War, and Sentencing?

Whether reminding you when to file a notice of appeal, or when to take your Benz for an oil change, your calendar controls your life.

Calendars can also control whether your client gets another shot at sentencing, according to the Sixth Circuit Court of Appeals. Take Stacy Allen's crack sentence, for example.

Not Appealing After Waiving Appeal Means You're Ineffective?

So your client took a plea bargain and (mostly) waived his right to appeal. You didn't file a notice of appeal for him.

Congratulations, you may have provided ineffective counsel, according to the Sixth Circuit Court of Appeals.

No Brainer: 6th Cir Affirms Controlling Precedent on Organ Disposal

Back in the 90s, the Sixth Circuit ruled that Michigan law provides next of kin with a constitutionally-protected property interest in a deceased relative's body. In two different cases, the Sixth Circuit Court of Appeals ruled that officials can't remove a decedent's corneas without the family's consent.

But what a coroner does with organs after a family member consents to removal is another story.

The Cincinnati-based appellate court ruled on Monday that, under Michigan law, a next of kin does not have a property interest in a decedent's brain that was removed and retained pursuant to a lawful investigation.

Standard of Proof for Juveniles: Reasonable Doubt v. Preponderance

Kids grow up quickly.

One day, they’re taking their first steps. The next, they’re getting busted for heroin distribution and beating the government in the Sixth Circuit Court of Appeals.

(Ideally, a parent captures more of the former and less of the latter in scrapbooks, but who can ever forget a kid’s first vacated sentence?)

Will Sixth Circuit Affirm Sovereign Immunity in Fort Bliss Shooting?

Will the Sixth Circuit Court of Appeals find that the military has a duty to protect the public from soldiers sufferings from post-traumatic stress disorder?

Next week, the Sixth Circuit will hear arguments in Estate of Smith v. U.S., a summary judgment appeal involving an $8.75 million negligence lawsuit against the U.S. military. The suit was previously dismissed based on sovereign immunity.

Court Denies Karen Sypher New Trial in Rick Pitino Extortion Plot

Karen Sypher is infamous in Kentucky.

In 2010, Sypher was convicted on six counts associated with an extortion plot to demand a house and cash from University of Louisville basketball coach Rick Pitino. Judge Charles R. Simpson III sentenced Sypher to over seven years in prison and two years of supervised release for the "brazen" crime, reports The Courier-Journal.

Sypher claimed that she had ineffective counsel, and asked the Sixth Circuit Court of Appeals for a new trial. This week, the appellate court rejected her direct appeal.

Court Won't Enjoin Individual Campaign Contribution Limits

In 2010, Greg McNeilly sued to stop Michigan Secretary of State Terri Lynn Land from enforcing the state's individual campaign contributions limits.

McNeilly claimed that the campaign contribution limits, which cap donor support at $500 to $1000 per candidate, were unconstitutional. This week, the Sixth Circuit Court of Appeals refused to enjoin Land from enforcing the limits, finding that McNeilly did not have a substantial likelihood of success on the merits.