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Mugshots Deserving of 'Non-Trivial' Privacy Considerations

The Sixth Circuit effectively negated a 1996 ruling it had made which gave substantial media access to criminal defendants' mugshots taken during the booking process. But the decision was a tight one: 9-7.

Free press advocates were not happy with the decision, but they expressed a hope that the Supreme Court would review the issues of the case.

6th Cir. Affirms 'Invalid' Arrest Warrants Against Strippers

Here's an interesting case out of the Sixth Circuit fit for a bar exam question analysis. The Sixth Circuit affirmed a dismissal of case against an Ohio county whose officers had allegedly used "invalid warrants" to arrest "exotic dancers" over various time periods for crimes ranging from prostitution to drug distribution to witness intimidation. Each failed in their appeal for what looks be a stupid error on their part.

This case presents a teachable moment in pleading practice. Always include your critical elements, folks. Let's take a look at what went wrong.

6th Cir. Gives Hope to Juveniles Sentenced to Life Without Parole

A new ruling out of the Sixth Circuit should give hope to juvenile criminal inmates looking to get their sentencing reviewed. The Court of Appeals applied the law of recently decided SCOTUS cases Miller and Montgomery to great effect, thereby all but ensuring a loosening of many juvenile life sentences.

Both cases as well as the case sub judice deal with the constitutionality of imposing a life sentence without the possibility of parole to a juvenile defendant.

Cell Site Records Are Like Stamps and Envelopes, Says 6th Cir.

The Sixth Circuit employed a rather fascinating analogy comparing historical cell-site records of caller data to mailing addresses, thus raising questions about reasonable expectations of privacy. The result? The Stored Communications Act within the Sixth Circuit does not equal a mega-search.

Lawyers should compare this ruling with the Houston Family case ruling, also decided by the Sixth Circuit. A quick review of the court's language shows a remarkable consistency in theme.

6th Circuit Clarifies the Bounds of Detention During Search

In a recent case in the Sixth Circuit, the court upheld a lower district's decision to deny a motion to suppress evidence. The case, United States v. Binford, underscored the distinction between an arrest and a detention.

6th Cir. Affirms Against Bullied Child in Harassment Case

Bullying, it seems, is a reality of schoolyard politics. And despite the seeming injustice in a recent circuit court ruling, the Sixth Circuit determined that a defendant school district was not "deliberately indifferent" as to the sufferings of one bullied child.

The court ruling is a reminder to both schools and parents that bullying is an unfortunate reality that sometimes cannot be cured by legal means.

10 Weeks of Non-Stop Camera Surveillance Is Not a Search

According to a recent ruling by the Sixth Circuit, it's not a 'search' for the government to have a camera on a public utility pole pointed into your backyard -- even when the camera records evidence nonstop for ten weeks.

6th Circuit Affirms Tribal Version of 'State's Interest' Test

In a rather interesting jurisdiction case, the Court of Appeals for the Sixth Circuit reversed a lower court's decision which held that a tribe did not have jurisdiction over a member's off-reservation criminal conduct. The circuit rule that the tribe essentially held criminal jurisdiction over the defendant inasmuch as it was needed to protect the tribe's self-governance and internal relations.

The case represents a refreshing dip into civil procedure by breaking away from federal and state courts, and into the world of Native American law.

The Fight Over Ohio's Election Laws Fizzles From Mootness

The Court of Appeals for the Sixth Circuit just granted the State of Ohio's motion to dismiss a lawsuit brought by the Libertarian Party of Ohio in what had become a "long struggle."

The Party had previously tasted defeat when the district court granted partial summary judgment to the State, ruling that Ohio's voting statutes did not violate the First Amendment or the Fourteenth Amendment; and that Sovereign Immunity clothed the state in Teflon. This latest ruling basically just killed the Party's request to revisit those findings.

SCOTUS Refuses Cert. of Habeas Corpus Case, Scalia Dissents ... Calmly

The nation's highest court refused to intervene in a Confrontation Clause case in which a convicted murder pled for relief. This is the latest in Sixth Circuit Opinions where that court has taken its own path with regards to 'precedent.'

In an atypically calm dissenting opinion, Justice Scalia reasoned that the Sixth Circuit had built up an appetite and "taste for disregarding" the Antiterrorism and Effective Death Penalty Act and that the Supreme Court should have granted review to "discourage" such appetites.