Justia U.S. 6th Circuit Court of Appeals Opinion Summaries

In 2007, a jury convicted Brown as a felon in possession of a firearm, 18 U.S.C. 922(g) The Armed Career Criminal Act increases the sentence for felons who possess firearms from a 10-year maximum to a 15-year minimum if the defendant has three prior convictions that qualify as “violent felonies,” 18 U.S.C. 924(a)(2), (e). Sixth Circuit precedent (Nance: then treated Brown’s three Tennessee aggravated-burglary convictions as violent felonies, so that court upheld his 180-month sentence under the Act. Years later the parties agreed that changes to precedent showed that Brown’s burglary convictions did not qualify as violent felonies. The district court granted Brown relief under 28 U.S.C. 2255. He was resentenced and released from prison.The Sixth Circuit reversed the district court’s decision granting Brown relief under section 2255 and remanded for the court to reinstate his original sentence. The court concluded that, following the Supreme Court’s 2018 “Stitt” holding, the Sixth Circuit’s 2007 Nance’s holding that a Tennessee aggravated-burglary conviction categorically qualifies as a violent felony under the Armed Career Criminal Act “is once again the law of this circuit.” View "United States v. Brown" on Justia Law

Winburn represented himself at his trial for armed robbery, home invasion, and conspiracy. Based on Winburn’s disruptive behavior, the judge removed him from the courtroom and revoked Winburn’s permission to represent himself, then granted a competency evaluation and a mistrial. While Winburn awaited his second trial, the judge permitted Winburn’s stand-by attorney to withdraw because Winburn had sued her and enjoined Winburn from filing complaints or grievances against his new attorney, except to discharge her. Although represented by a new attorney, Winburn moved pro se to dismiss his charges on double jeopardy grounds. The trial judge denied the motion because Winburn’s attorney had not filed it. Winburn filed a habeas petition under 28 U.S.C. 2241 challenging his retrial and another section 2241 petition challenging the injunction. The district judges denied both and declined to issue certificates of appealability. Winburn filed a notice of appeal for one petition and sought a certificate of appealability for the other. The Sixth Circuit held that state pretrial detainees proceeding under section 2241 may not appeal without certificates of appealability and granted Winburn a certificate on the injunction claim. A reasonable jurist could conclude that the unusual order was constitutionally infirm. The court denied relief with respect to double jeopardy. Winburn failed to exhaust his state-court remedies by a motion to dismiss. View "Winburn v. Nagy" on Justia Law

Students at several of Detroit’s worst-performing public schools were subject to poor conditions within their classrooms, missing or unqualified teachers, physically dangerous facilities, and inadequate books and materials. In 2016, the plaintiffs filed suit under 42 U.S.C. 1983, claiming that these conditions deprive them of a basic minimum education that provides a chance at foundational literacy, in violation of the due process and equal protection clauses. They sought recognition of a fundamental right to a basic education. They argued that the schools they are forced to attend are schools in name only, so the state cannot justify the restriction on their liberty imposed by compulsory attendance. They sued state officials, rather than local entities, based on the state’s general supervision of all public education and the state’s specific interventions in Detroit’s public schools. The state argued that it recently returned control to local officials. The district court found that the state defendants were the proper parties to sue but dismissed the complaint on the merits.The Sixth Circuit reversed in part. Though the plaintiffs failed to adequately plead their equal protection and compulsory attendance claims, the court reinstated claims that they have been denied a basic minimum education, and have been deprived of access to literacy. Application of the principles in the Supreme Court’s education cases to a substantive due process framework demonstrates that a basic minimum education should be recognized as a fundamental right. View "Gary B. v. Whitmer" on Justia Law

Queen, a Bowling Green firefighter, 2011-2016, was subject to harassment because he is an atheist. According to Queen, he was forced to participate in Bible studies; his co-workers and supervisors badgered him regarding his sexuality and regularly disparaged minorities. In 2012, Queen complained to his supervisor, Rockrohr, who “responded in hostility.” Rockrohr later told Queen that he had discussed the matter with the fire chief and they both believed that Queen “needed to get employment somewhere else.” Queen apologized. Queen’s employment conditions did not improve. Queen was intentionally tripped while retrieving his gear and was regularly subject to disparaging remarks. Stress and anxiety caused Queen to take a leave of absence. While on leave, Queen received many phone calls from his supervisors asking why he was absent.Queen resigned and filed suit under the Kentucky Civil Rights Act, alleging hostile work environment based on religion and gender, constructive discharge, retaliation, and violations of the Family and Medical Leave Act. The district court granted the defendants summary judgment on hostile work environment based on religion and gender and the FMLA claims. On interlocutory appeal, the Sixth Circuit affirmed the denial of qualified immunity to the city on the claims for hostile work environment based on religion and for retaliation and denial of qualified immunity to Rockrohr for the retaliation claim. View "Queen v. City of Bowling Green" on Justia Law

The Twenty-first Amendment permits the states to regulate the sales of alcohol within their borders. Michigan is among several states with a three-tier system that forbids alcohol producers (first tier) to sell directly to retailers or consumers. Producers must sell to wholesalers within the state (second tier); those wholesalers sell exclusively to in-state retailers, who sell to consumers. Businesses at each tier must be independently owned; no one may operate more than one tier, Michigan imposes minimum prices and prohibits wholesalers from offering volume discounts or selling on credit. For liquor (not wine and beer), the state is the wholesaler in Michigan.In 2016, Michigan amended its law to allow in-state retailers to deliver directly to consumers using state-licensed “third party facilitators” or common carriers like FedEx or UPS. A wine retailer based in Fort Wayne, Indiana and Michigan wine consumers alleged that the new law violated the Commerce Clause and the Privileges and Immunities Clause. The district court extended delivery rights to out-of-state retailers. Michigan obtained a stay.The Sixth Circuit reversed. The Twenty-first Amendment permits Michigan to treat in-state retailers differently from out-of-state retailers. There is no inherent right to sell intoxicating liquors by retail. Some reduction in consumer choice is inevitable in a three-tier system, which is intended to make it harder to sell alcohol. View "Lebamoff Enterprises, Inc., v. Whitmer" on Justia Law

A masked gunman attempted to rob a Columbus Ohio restaurant. Employees escaped and flagged down a police officer. A man, matching the robber's description, discarded distinctive clothing items as he ran away. A pocket contained a handgun matching that used in the robbery. Police apprehended Smith nearby. DNA material matching Smith was found on the discarded items. Smith retained attorney Armengau. Detectives connected Smith to earlier restaurant robberies with “a strikingly consistent method of operation.” They requested cell phone records for a phone number that Smith had given to his probation officer; Smith’s phone had been used near and at the approximate time of most of the robberies.Smith was charged with 18 robberies. Smith’s attorney, Armengau, was indicted for sex crimes. The judge handling Smith’s case recused himself. At Smith’s request, Armengau continued to represent Smith; Armengau’s criminal charges were unknown to the jury. Smith received three continuances. During trial, the prosecutors offered a plea deal for 27 years’ imprisonment. Armengau conceded to the court that he did not share the offer because prior discussions with Smith led Armengau to believe that a 27-year sentence would not be accepted. Smith was present and did not object. The prosecutors stated that the offer would remain open. Smith never asked to discuss a plea. The jury convicted Smith for 12 robberies. With prior-offender gun charges, the judge sentenced Smith to 84 years’ imprisonment.The Sixth Circuit affirmed the denial of habeas relief, rejecting ineffective assistance and Confrontation Clause claims, based on the Armengau’s stipulation to limit the number of trial witnesses, his failure to communicate the plea offer, and the “conflict” posed by his own criminal charges. View "Smith v. Cook" on Justia Law

In a 2006 Ypsilanti drive-by shooting, two teenagers, inside a mobile home, were killed. Four people, including Tackett, were charged. Tacket was found guilty on two counts of first-degree murder and two counts of possessing a firearm during the commission of a felony. He was sentenced to life imprisonment without parole. After unsuccessful state-court proceedings, Tackett filed a federal habeas corpus petition.The Sixth Circuit affirmed the denial of relief. Even assuming that Tackett’s gun misfired, the jury could have reasonably concluded that Tackett was guilty of first-degree murder under an aiding-and-abetting theory. The facts supported an inference of an intent to kill and there was more than enough time for the shooters to take a “second look.” There was evidence that premeditation and deliberation took place during that time. Tackett provided assistance to the other shooters, knowing all the facts known to the shooters. The court rejected Tackett’s argument that he could have been convicted as a principal, or as an aider and abettor and that the trial court erred by failing to give the jury a special instruction that they had to unanimously agree as to which of these theories was the basis for their verdict. There was no constitutional problem in the fact that two other defendants were convicted of second-degree murder while Tackett was convicted of first-degree murder. The court also rejected ineffective assistance claims. View "Tackett v. Trierweiler" on Justia Law

Grand Rapids police received tips from an organization that receives anonymous information from the public, describing vehicles May-Shaw was using to transport drugs and a specific bag where he kept drugs, money, and a gun. May-Shaw had one felony firearm conviction and two felony drug convictions. The Department began investigating and, for 23 days, watched a parking lot near his apartment building and a covered carport next to that building, where May-Shaw parked his BMW, one of his several vehicles. The surveillance used a camera affixed to a telephone pole on a public street and cameras in a surveillance van parked in the parking lot. After witnessing May-Shaw engage in several suspected drug deals, the police used a drug-detecting dog to sniff the BMW. The dog indicated the presence of narcotics. Officers then obtained a search warrant for May-Shaw’s apartment and all of his vehicles. They found evidence of drug distribution, including cash, wrappers, and cocaine.The Sixth Circuit affirmed the denial of his to suppress the evidence from his apartment and vehicles. May-Shaw did not have a reasonable expectation of privacy in the carport such that police surveillance constituted a search in violation of the Fourth Amendment. Nor was the carport within the curtilage of his apartment such that the dog sniff was unconstitutional. View "United States v. May-Shaw" on Justia Law

Reiner’s convictions arose from a 2011 Macomb County home invasion. Eisenhardt, age 69, was stabbed in the neck; jewelry was taken from her house, including a ring from Eisenhardt’s finger. Eisenhardt survived but suffered declining health after the stabbing and died months later. Police in New York apprehended Reiner days after the incident, on unrelated suspicion of driving a stolen vehicle. At his Michigan murder trial, the court admitted the statements to the police, in which a pawnbroker identified Reiner as having pawned Eisenhardt’s ring. The pawnbroker died before trial. The Michigan Court of Appeals upheld Reiner’s conviction, finding the Sixth Amendment error harmless.The Sixth Circuit reversed the denial of habeas relief, 28 U.S.C. 2254. The evidence presented at trial “paints the picture of a circumstantial case lacking physical evidence or eyewitness testimony placing Reiner at the crime scene.” The statements that caused the Sixth Amendment violation were the linchpin of the government’s case, connecting Reiner to the fruits of the crime in a way no other evidence could. Without those statements, the prosecution’s case would have been significantly weaker, such that “grave doubt” exists as to whether their admission had a “substantial and injurious effect or influence in determining the jury’s verdict.” View "Reiner v. Woods" on Justia Law

A fifth-grade student, C.T., lit a match during the bus ride home from an Ohio elementary school. The students sat in assigned seats, with the youngest students at the front of the bus. School administrators moved C.T. to the front of the bus, where he sexually assaulted a kindergarten student, Doe, as they rode home from school over several weeks. The bus driver apparently was aware that C.T. had moved across the aisle to sit with Doe but police concluded that the driver was not aware of the assaults. C.T. was expelled. Doe’s parents brought a state-created-danger claim against the School District and five employees.The district court granted the defendants summary judgment, holding that no reasonable jury could find that they knowingly exposed Doe to the risk of sexual assault. The Sixth Circuit affirmed, stating “that the Constitution does not empower federal judges to remedy every situation” that is “heart-wrenching.” Nothing about C.T.’s school record could have put the school employees on notice that C.T. posed a risk of sexually assaulting Doe. The school employees’ responses to the risk also do not show the “callous disregard” or “conscience-shocking” behavior that state-created-danger cases require. Certain employees could have done more in implementing C.T.’s discipline, but their actions did not amount to “callous disregard for the safety” of Doe. View "Doe v. Jackson Local School District Board of Education" on Justia Law