Daily Case Update Archive

As a service to our members, we monitor opinions issued from the Ohio Supreme Court, the Ohio State First District Court of Appeals, and the United States Sixth Circuit Court of Appeals.  You can read the latest summaries or archived summaries from 2005 , 2006 , 2007 , 2008 , 2009 , 2010 , 2011.

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March 17, 2008

Ohio Supreme Court | Ohio First District | U.S. 6th Circuit - Ohio | U.S. 6th Circuit - Other States
 

TOPICS:
- Sentencing / Armed Career Criminal Act
- Bankruptcy / Estate assets / Emotional distress and outrage
 

Ohio Supreme Court

 

No Opinions.
 

First District Court of Appeals

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No Opinions.
 

U.S. Sixth Circuit Court of Appeals:  Ohio Cases

 

No Opinions.
 

U.S. Sixth Circuit Court of Appeals: Other States Cases

 

USA v. Goodman (March 17, 2008) (Appeal from E.D. TN)
-  http://www.ca6.uscourts.gov/opinions.pdf/08a0112p-06.pdf
-  In this case the defendant, Marvin Goodman (“Goodman”), challenges the district court’s use of a 1993 Tennessee escape conviction for an enhancement to his sentence under the Armed Career Criminal Act (“ACCA”). Although it is possible that a Tennessee court might no longer consider a violation of house arrest to qualify as an escape under Tennessee law, precedent binds us to consider that conviction a violent felony until such time that Goodman can overturn or expunge that conviction. Goodman also challenges the district court’s decision to give him a one-level enhancement for possessing a firearm in connection with a controlled-substance offense. The evidence before the district court did not establish that the firearm was possessed in connection with a controlled-substance offense. We therefore VACATE Goodman’s sentence and REMAND to the district court for resentencing consistent with this opinion.
 
Heavrin v. Schilling (March 17, 2008) (Appeal from W.D. KY)
-  http://www.ca6.uscourts.gov/opinions.pdf/08a0113p-06.pdf
-  Donald Heavrin appeals the district court’s decision affirming the bankruptcy court’s dismissal of his claim for intentional infliction of emotional distress, and imposition of sanctions. We AFFIRM.