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

July 2014 Archives

1-Day Sentence for White Collar Felon Vacated by 6th Cir.

What's the primary reason a sentence is imposed: to punish the offender or to deter others?

If it's the former, then a white collar criminal -- who has little to no chance of repeating his crime now that he's tagged with a felony record, likely lost any professional licensure, and spent a ton of his hard-stolen cash on defending himself in court -- shouldn't serve a lengthy sentence. This is why Paul Musgrave was given a one-day sentence, with credit for for the day of processing -- essentially no sentence at all. (h/t to the ever-great Sentencing Law and Policy Blog)

But if you're worried about deterrence, look to the Sixth Circuit's ever widening body of case law that basically demands at least some imprisonment, even if the offender is unlikely to recidivate.

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Gay Marriage at the 6th Cir.: Countdown to Aug. 6 Oral Arguments

On August 6, 2014, the Sixth Circuit will hear oral arguments in five consolidated cases addressing same-sex marriage bans in every state in the circuit -- Kentucky, Tennessee, Michigan and Ohio.

Though the Tenth Circuit (in cases involving Utah and Oklahoma) and Fourth Circuit (in a case involving Virginia) have already issued opinions striking down state gay marriage bans, this is the first set of cases out of the Sixth Circuit. And since all of the cases have been consolidated into one set of mega-arguments, the issue could be settled virtually overnight.

We also have the skinny on the panel, which includes two Republican appointees and one Democratic appointee, as well as information for those who wish to attend the oral arguments in person.

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Ex-Judge Wade McCree Can't Be Sued for Impregnating Witness

"Hot dog, yep that's me. I've got no shame in my game."

No shame and no liability. We've covered Ex-Judge Wade McCree's extra-judicial activities before: sending a topless pic to a married bailiff, and even worse -- carrying on a six-month affair and impregnating a witness in a felony child support case. Oh yeah, and he falsely drummed up felony charges against her, according to the Michigan Judicial Tenure Commission.

Needless to say, he's no longer a judge. But can the defendant whose baby mama was the witness and paramour sue the ex-judge for violating his due process rights?

The Sixth Circuit is progressing with cases related to same sex marriage, as it consolidated appeals for all cases pending in that circuit. Meanwhile, the court has heard appeals related to Detroit's bankruptcy, and a habeas case resting on elementary tenets of criminal procedure.

Let's take a look at the most recent happenings in the Sixth Circuit.

You may not be familiar with Insane Clown Posse's music, but you probably are familiar with the way they look. I mean, how many rappers do you know that wear clown makeup? (Yes, we're serious). And, much to our chagrin surprise, they are quite successful and even have a devoted following of fans called Juggalos.

Juggalos show their unity by wearing clown makeup, or sporting HatchetGear, a line of apparel with the Hatchetman logo, as well as other characteristics. Um, so why do we care? Because the FBI does, and because Insane Clown Posse, Juggalos and the ACLU of Michigan have sued the FBI and the U.S. Department of Justice -- that's why.