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Daily Case Update Archive
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April 28, 2005
Today's topics: criminal law: suggestiveness of line-up, jurisdiction:
Federal Claims and contracts
Ohio Supreme Court
| Ohio First District |
U.S. 6th Circuit - Ohio |
U.S. 6th Circuit - Other States
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- U.S. Sixth Circuit Court of Appeals: Ohio Cases
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- U.S. Sixth Circuit Court of Appeals: Other States Cases
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B&B Trucking, Inc. v. United States Postal Serv. (April 28, 2005) (Appeal
from E.D. Mich.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0195p-06.pdf
Trucking companies hauling mail for the Postal Service sued for violation of
their Fifth Amendment property rights, among others. The district court
dismissed the case for lack of subject matter jurisdiction, because the claims
were essentially contractual and the Court of Federal Claims was the
appropriate jurisdiction. Affirmed, because contractual changes related to
fuel purchases between the USPS and trucking companies were the basis of the
Fifth Amendment claims, and contractual claims belong in front of the Federal
Claims court.
Howard v. Bouchard (April 28, 2005) (Appeal from E.D. Mich.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0196p-06.pdf
Howard sought a writ of habeas corpus. He claimed that the participation of
three witnesses in procedural hearings at which he was present, who later
picked him in a line-up, was prejudicially suggestive. The district court
denied Howard's petition. Affirmed, because line-up was not impermissibly
suggestive.
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