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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November 6th & 7th, 2006

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

TOPICS:
- Sentencing Guidelines
- Bankruptcy proceeding - professional fees
- Right to a fair trial
 

Ohio Supreme Court

 

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First District Court of Appeals

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

 

No Opinions.
 

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

 

USA v. Armstead (Nov. 6, 2006) (Appeal from W.D. Tenn.)
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0412p-06.pdf
-  After a jury trial, the United States District Court for the Western District of Tennessee, on September 14, 2005, convicted defendant-appellant Clyde Armstead as a felon in possession of a firearm in violation of 18 U.S.C. § 922(g). Finding that Armstead had a prior conviction for a "crime of violence" within the meaning of § 4B1.2 of the United States Sentencing Guidelines (U.S.S.G. or Guidelines), the district court imposed a sentence of sixty-six months imprisonment, two years supervised release, and a $100 fine. Defendant appeals the conviction and the sentence. We affirm the conviction, but vacate the sentence, and remand for further proceedings and resentencing because the present record does not justify the district court's conclusion that Armstead's prior conviction was for a crime of violence.
 
In re: 5900 Assoc v. (Nov. 7, 2006) (Appeal from E.D. Mich.)
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0413p-06.pdf
-  Fred J. Dery, the trustee of the bankruptcy estate of 5900 Associates, Inc., seeks to set aside the debtor's transfer of property to Cumberland Casualty & Surety Co. ("Cumberland") as a fraudulent transfer under M.C.L. § 566.35. Dery may prevail under the statute only if the debtor was insolvent at the time of the transfer. The debtor's solvency in this case turns on the enforceability of a claim for attorney's fees from a prior bankruptcy case that was dismissed. The bankruptcy court in the instant case held that the claim for fees from the prior case was unenforceable because the debtor's attorney never sought bankruptcy court approval of those fees under 11 U.S.C. § 330(a). The district court affirmed. We agree that 11 U.S.C. § 330 establishes the exclusive means of allowing a claim for professional fees in a bankruptcy proceeding. We therefore affirm the judgment of the bankruptcy court.
 
USA v. Hynes (Nov. 7, 2006) (Appeal from E.D. Mich.)
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0414p-06.pdf
-  Donald Hynes, a former Detroit police officer, appeals his convictions on six counts arising from a scheme to remove seized drugs from the Evidence and Property Room at the Detroit Police Department and sell those drugs for profit. Hynes argues that (1) remarks and conduct by the district judge deprived him of his right to a fair trial, (2) the government's proof at trial so varied from the indictment that it violated his constitutional rights, (3) the evidence introduced by the government was insufficient to support the jury's verdict on three of the counts, and (4) his attorney rendered constitutionally ineffective assistance. For the reasons set forth below, we AFFIRM the judgment of the district court.