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 or 2006.

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March 8, 2005

Today's topics:   jurisdiction: final immigration order, immigration removal, ineffective assistance of counsel, pre-emption, Price-Anderson Act (nuclear events), sentencing (Booker), workers' compensation

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

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No opinions.
 

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

Hill v. Mitchell (March 8, 2005) (Appeal from S.D. Ohio)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0111p-06.pdf
Hill petitioned for a writ of habeas corpus, based on ineffective assistance of counsel because mitigation psychologist was hired only day before mitigation hearing. District court denied petition. Affirmed.
 

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

Patel v. Gonzales (March 8, 2005) (Appeal from Board of Immigration Appeals (MI))
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0110p-06.pdf
Patel was convicted of aggravated criminal sexual abuse in Illinois. INS sought Patel's removal, and the immigration judge ordered removed. Patel asserted that 8 USC § 1182(c) (INA § 212(c)) allowed him to seek a waiver of deportation. The immigration judge disagreed and the Board of Immigration Appeals affirmed, finding Patel ineligible for cancellation of removal. Patel petitioned Court of Appeals for review of Board's final order. Petition dismissed for lack of jurisdiction.

Rainer v. Union Carbide Corp. (March 8, 2005) (Appeal from W.D. Ky.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0112p-06.pdf
Workers at a uranium-enrichment plant filed suit asserting various Federal and state claims. The district court granted summary judgment against all 4 classes of plaintiffs, on the basis that the Kentucky Workers Compensation Act and the Price-Anderson Act (42 U.S.C. § 2011) pre-empted their claims. Affirmed.

United States v. Hamm (March 8, 2005) (Appeal from W.D. Ky.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0113p-06.pdf
Hamm pled guilty to attempting to induce a minor to engage in sexual activity and to transport the minor in interstate commerce. The trial court sentenced Hamm to 33 months in prison (guidelines were 33-41), despite Hamm's request for a downward departure. Vacated sentence, and remanded for sentencing consistent with US v. Booker.

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