Sunday, February 17, 2013

Sixth Circuit -- James Price v. Bd. of Trs. of the Ind. Laborer's Pension Fund

ERISA -- Plan can amend plan so that amendments are retroactive to earlier injuries.

Dissent, natch.

James Price v. Bd. of Trs. of the Ind. Laborer's Pension Fund 

Sixth Circuit -- USA v. Michael Peppel

When the sentencing range is in the triple digits and the actual sentence is seven days, there's a likely future remand for substantive error in sentence.

Loss correctly calculated.

USA v. Michael Peppel 

Sixth Circuit -- Aleksandr Yeremin v. Eric Holder, Jr.

Trafficking in False Documents is categorically a crime of moral turpitude for Immigration purposes.

Aleksandr Yeremin v. Eric Holder, Jr. 

Sixth Circuit -- USA v. Steven Terry

White Collar -- Honest Services conviction upheld.

USA v. Steven Terry 

Sixth Circuit -- USA v. Bernard Kurlemann

Concelament of a material fact does not constitute a False Statement under the statute.

Multiple challenges to Bankruptcy Court findings denied.

Sentencing court should have created a new range after acknowledging the Substantial Assistance.

USA v. Bernard Kurlemann 

Sixth Circuit -- USA v. Rodrigo Macias-Farias

Brady -- No error in denial of mistrial for government witness not producing in advance a written report referred to in testimony.

District court did not make necessary factual findings for Obstruction, given lack of document listing specific misstatements.

USA v. Rodrigo Macias-Farias 

Sixth Circuit -- Tonia Wright v. Kathryn O'Day

Minor has standing to make procedural due process challenge to placement on offender registry, as harm happens with the listing and the question is ripe.

Tonia Wright v. Kathryn O'Day 

Sixth Circuit -- Douglas Coley v. Margaret Bagley

Death penalty Habeas [thou shalt not kill]

No ineffective assistance for not seeking recusal/removal of judge during penalty phase.

Harmless error in guilt phase when the prosecution shifted theory of the crime as to who actually shot the gun.

No error in not releasing Grand Jury transcript, denying severance.

Douglas Coley v. Margaret Bagley 

Sixth Circuit -- Kia Motors America, Inc. v. Glassman

Where a car dealership contracts with a manufacturer under a state regulatory scheme limiting the proximity of dealerships, subsequent modification of the regulatory scheme is neither retroactively applied to the contractual agreement nor retroactively directly applied to the parties.

Kia Motors America, Inc. v. Glassman 

Sixth Circuit -- Columbia Gas Transmission, LLC v. Kanwal Singh

No Federal Question in controversy over gas pipeline easement -- the Federal statute doesn't create a private right f action, and the state question doesn't involve a significant federal interest.

Columbia Gas Transmission, LLC v. Kanwal Singh 

Fifth Circuit -- USA v. Arnoldo Gonzalez-Garcia

Physical fruits of Miranda violation not suppressable under Edwards.

Use of unwarned statment to obtain subsequent consent not always coercicive -- holistic multifactor test.

USA v. Arnoldo Gonzalez-Garcia

Fifth Circuit -- USA v. Jesse Gutierrez

Approval of involuntary medication of deft in order to stand trial.

No need for BOP Haring Officer to directly order the medication -- factual finding that it is indicated is sufficient.

Inability to replicate on the stand the mens rea at time of alleged crime is not a defense to involuntary medication.

USA v. Jesse Gutierrez
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.