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.

If you would like to receive a daily e-mail with same-day case updates, please join our Members-Only discussion list.  Not a member?  Join today!

Jan. 5, 2006

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

[Search Other Ohio Districts]
No opinions.
 

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

USA v. Williams (January 5, 2006) Northern District of Ohio at Youngstown
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0003p-06.pdf
-  Defendant James Williams pled guilty to possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g)(1). At sentencing, the district court granted Williams a downward departure from the Guidelines range, imposing a sentence of 24 months. The United States appeals the downward departure. We AFFIRM. 

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

 

USA v. Tran (January 5, 2006) Western District of Michigan at Grand Rapids
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0001p-06.pdf
-  Defendant Hang Le-Thy Tran was convicted by a jury of two counts of aiding and abetting another to commit arson in violation of 18 U.S.C. § 844(i). Tran was sentenced by the district court to 72 months of imprisonment. She now appeals her conviction and her sentence. On appeal, Tran asserts that: (1) the district court erred in denying Tran's motion for judgment of acquittal on the grounds that the government did not prove the interstate commerce element of the offense; (2) the district court erred in denying her motion to sever counts; (3) the district court erred in denying her motions to suppress evidence seized during searches of her business and her mobile home; and (4) the sentence imposed by the district court violated the 6th Amendment. For the following reasons, we AFFIRM the district court's rulings below, except we VACATE the sentence of the district court and REMAND for re-sentencing consistent with the Supreme Court's decision in United States v. Booker, 543 U.S. 220, 125 S. Ct. 738 (2005).
 
McQueen v. Beecher, et al (January 5, 2006)  Eastern District of Michigan at Detroit
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0002p-06.pdf
-  Plaintiff-Appellant Veronica McQueen ("McQueen"), mother of the decedent Jane Doe ("Doe"),1 appeals the district court's order granting summary judgment in the underlying § 1983 action to Defendants-Appellees Alicia Judd ("Judd"), Jimmie Hughes ("Hughes"), and the Beecher Community School District ("the School District").2 McQueen contends that her daughter's substantive due process rights were violated when she was fatally shot in school by her classmate John Smith ("Smith"),3 and that the district court erred in holding that she had failed to show the genuine issues of material fact necessary to maintain a direct state-created-danger claim against Judd, a supervisory liability claim against Hughes, and a municipal liability claim against the School District. McQueen also appeals the magistrate judge's order denying her motion for default judgment.  Because Doe's substantive due process rights were not violated, we AFFIRM the district court's judgment granting the defendants' motion for summary judgment. We DISMISS for lack of jurisdiction the appeal of the magistrate judge's order, because the parties did not first seek review in the district court.

Daily Case Updates