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

April 2013 Archives

Kilpatrick Won't Answer for Quashing Probe of Stripper's Murder

Tamara Greene was the exotic dancer that wasn't assaulted by the former Mayor of Detroit's wife at the infamous party that never happened at the Manoogian Mansion in fall 2002. Months after the party that never was, Greene was shot dead in a drive-by.

Seems like a simple correlation, right? It's more likely that Carlita Kilpatrick's alleged (non) assault of an adult entertainer months before her death was sheer coincidence. Except, for some reason, it seems that every attempt to investigate the murder, and the possible connection to Mayor Kilpatrick's cronies, was quickly quashed and the investigators replaced.

'Shake and Bake' Meth Rumors Lead Cops to Bomb, Miranda Mistake?

"Shake and Bake," also known as the "One Pot Method," is a procedure for manufacturing methamphetamine. This new meth-making method combines all of the ingredients into a single bottle (such as a Gatorade bottle). The meth maker shakes the bottle, burps out the excess pressure, and hopes that it doesn't explode into a ball of flames.

An informant in Calhoun County witnessed an associate of Lonnie Hodge, Ms. Freeze, using this method. The same informant also told the police officers that Hodge showed him a pipe bomb and a black rifle that the defendant allegedly referred to as an AK-47.

Cops Tackling, Suffocating Naked LSD-Influenced Man Is Excessive

What would you do if a naked, mentally-unstable man ran towards you, asked to be arrested, and then skipped away like a looney? Hiding in your car, locking the door, and calling the police is pretty good idea. For the police, however, their options are far more limited.

Whatever their options may have been for dealing with the unarmed LSD-influenced naked man, their chosen route, which included tackling, choke-holds, "hammer punches," and multiple men holding him down until he died of asphyxiation was probably not the correct route to take.

Shady Lawyer Beats Shady MD, JD in Contingency Fee Dispute

Jeannette Martello, M.D., J.D. is a very intelligent woman. After all, she possessed both an M.D. and a J.D. (from Boalt Hall, no less). Nonetheless, she was unable to clear the hurdle that was the bar exam, despite four tries in Kentucky and New York. She did, however, pass the Multistate Professional Responsibility Exam before moving on to practice as a medical malpractice consultant.

As a consultant, she worked with Joshua Santana, Esq. on medical malpractice cases. After she referred a patient from her medical practice to Santana, the two came to an agreement, reduced to writing, that paid her a contingent percentage of the fee if the case was settled favorably.

Rob With a Shotgun, Complain About 'Unreasonable' Search?

From the court's description of Kevin Daws, you'd think he was Omar from "The Wire." On a cold winter evening in rural Henderson County, Tennessee, Daws broke into an acquaintance's house by jamming a shotgun barrel through the window, then robbed that person at gunpoint. He then went to another acquaintance's house and tried to stash his shotgun there. Both acquaintances were greeted with death threats if they contacted the police.

Of course, both did contact the police. One of the responding officers had been a prison guard while Daws served time for robbing a gas station attendant at gunpoint. Both officers were aware of an incident in which Daws was reported to have discharged a firearm in his front yard. He also had other unspecified weapons violations.

Like we said, Omar.

Thomas Kinkade Arbitration 'Model of How Not to Conduct One'

You know you botched an arbitration when, after five years of proceedings, the Sixth Circuit refers to your work as “a model of how not to conduct one.” Or you could read the court’s opinion, which is a 10-page retelling of every imaginable way in which one could fail at presiding over a neutral, fair arbitration process.

The questionable conduct in Kinkade v. White began with the attorneys. The Whites’ first attorney was caught transmitting a live feed of the transcripts to a hotel room, where a disgruntled former Kinkade employee was responding with cross-examination questions. The replacement attorney was also replaced after he was convicted of federal tax fraud.