Criminal Law

Now is the Time to Challenge Acquitted Conduct
Today in US v. White, No. 05-6596, a Sixth Circuit panel (Merritt, Daughtrey and Griffin) reluctantly upheld a sentence which included a 14 year enhancement based on conduct for which the jury had acquitted the defendant...

You Can't Say Seven Words on the Internet
I think the Associated Press has been hanging around the Sixth Circuit Court of Appeals for much too long now. The Sixth Circuit has by far the most restrictive view of fair use of any of the geographic circuits; I guess that the AP decided that five words is the same as three notes...

Enhancing a criminal defendant's sentence based on the conduct at issue in charges dismissed under a plea agreement is not potentially as objectionable as enhancing a criminal defendant's sentence based on acquitted conduct
Enhancing a criminal defendant's sentence based on the conduct at issue in charges dismissed under a plea agreement is not potentially as objectionable as enhancing a criminal defendant's sentence based on acquitted conduct: Circuit Judge Jeffrey S...

Acquitted Conduct in Sentencing
United States v. Dewan Anthony Horne, No. 05-4049 (February 5, 2007): Mr. Horne?s sentence was increased because of his use of a gun, a charge on which he had been acquitted. The Court restated the conventional doctrine that acquitted conduct may be considered, but it did suggest that it might have a different view if the defendant is convicted of a "very minor crime," but sentenced on the basis of serious acquitted crimes...

Acquitted Conduct post-Booker and Continued Vitality of U.S. v. Watts
Professor Berman had reported at Sentencing Law and Policy here on Judge Gertner's decision in US v. Pimental, No. 99-10310-NG (D. Mass. April 15, 2005). Judge Gertner has now issued an Amended Sentencing Memorandum in US v...

Sixth Circuit Holds that Failure to Accommodate Can Be Constructive Discharge
Late last week, the Sixth Circuit issued a decision in Talley v. Family Dollar Stores of Ohio, in which it reversed, in part, a grant of summary judgment in favor of the employer in an ADA case...

Specialty Lamp International
Recalls Counterfeit Circuit Breakers

Wrongful Death
alleging death was caused by the conduct of negligent defendant.

Gleevec
Possible Case of Kidney Damage Reported

Hampton Inn
Third Case of Legionnaires' Disease Linked to McHenry Hampton Inn Hot Tub

18-Wheeler Accident Case Settled for $600,000
18-Wheeler Accident Case Settled for $600,000

Jury Awards $29M in Elder Abuse Case
Jury Awards $29M in Elder Abuse Case