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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.

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February 17, 2005

Today's topics:  bankruptcy, "discharge for value" defense, hearsay evidence, restitution, sentencing

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

Ohio Supreme Court
No opinions.
 
First District Court of Appeals
No opinions.
U.S. Sixth Circuit Court of Appeals:  Ohio Cases
No opinions.
 
U.S. Sixth Circuit Court of Appeals: Other States Cases
In re: Calumet Farm (February 17, 2005) (Appeal from E.D. Ky.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0077p-06.pdf 
Calumet Farm owed White Birch $1 million and authorized a wire transfer payment to pay part of the debt. But the First National Bank wired 10 times the amount. Calumet Farm sought recovery of the excess but White Farm refused, and Calumet Farm filed for bankruptcy. First National sued White Birch for restitution, using the "discharge for value" defense. The bankruptcy court and district court ruled for White Birch. Reversed and remanded to enter judgment for First National Bank.

United States v. McDaniel
United States v. Wade (February 17, 2005) (Appeal from W.D. Mich.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0076p-06.pdf 
McDaniel and Wade were convicted of conspiracy, theft of mail, and bank fraud. They both appealed their sentences and also asserted that the district court had  erred in statements made during the Postal Inspector's investigation were inadmissible, and in calculating the restitution owed. Affirmed, but sentences vacated and remanded for resentencing in light of U.S. v. Booker.

 

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