Sixth Circuit Blog

Collective of federal public defenders litigating appeals from states in CA6 (KY, MI, OH, TN). #AppellateTwitter #pdtwitter #lawtwitter

[Sixth Circuit Blog @6thCirBlog]

The Dreaded Appellate Waiver Strikes Again: Court Holds that a Challenge to an Indictment is Barred By Appellate Waiver https://t.co/S9WkXu2XDs

[Sixth Circuit Blog @6thCirBlog]

Tread Carefully: Sixth Circuit Upholds Denial of Late-Filed Motion to Dismiss https://t.co/uItbd0R9AB

[Sixth Circuit Blog @6thCirBlog]

Sixth Circuit Upholds Convictions in Massive Medicare Fraud Scheme... and the Hefty Sentences Imposed. https://t.co/KjdtSzSVnz

[Sixth Circuit Blog @6thCirBlog]

Acquitted Conduct Remains Fair Game in Sentencing: Court Upholds 450% Upward Variance Based (In Part) on Acquitted Conduct https://t.co/LgedL44qOS

[Sixth Circuit Blog @6thCirBlog]

Can A Stash House Have More Than One "Principal Purpose?" https://t.co/5CkTxuNXWv

[Sixth Circuit Blog @6thCirBlog]

Giving teeth to the Speedy Trial Act for competency-evaluation delays https://t.co/nVAwll3R9a

[Sixth Circuit Blog @6thCirBlog]

Coram No Deal: Sixth Circuit Denies Petition to Overturn Guilty Plea that Resulted in Denaturalization Proceedings https://t.co/z9KIIspyvV

[Sixth Circuit Blog @6thCirBlog]

The Sixth Circuit Again Reminds Us that Supervised Release Revocation Proceedings are Different. https://t.co/VRUWOpoE8V

[Sixth Circuit Blog @6thCirBlog]

Watch Your Turn: Court Declines to Suppress Evidence Seized as a Result of Officers' Misreading of Turning Statute https://t.co/xeaFeTbPBf

[Sixth Circuit Blog @6thCirBlog]

Court Affirms Application of "Reckless Endangerment" Enhancement to Passenger https://t.co/y7lR4GHNAB

[Sixth Circuit Blog @6thCirBlog]

https://t.co/C23gpX0T8H

[Sixth Circuit Blog @6thCirBlog]

Waiver or Invited Error? It Could be Both...or Either. https://t.co/fBZNkWogSa

[Sixth Circuit Blog @6thCirBlog]

Officer saying "Let me see it" held to be request, not command https://t.co/0Cp6bWZsnE

[Colin Miller @EvidenceProf]

The Supreme Court granted cert today in Smith v. Arizona, a Confrontation Clause case. Here is the question presented:

[Sixth Circuit Blog @6thCirBlog]

Judges disagree on denial of rehearing en banc on First Step Act retroactivity language https://t.co/M3AUIU2TUA

[Orin Kerr @OrinKerr]

THIS IS A BIG DEAL: 8th Circuit sua sponte rules that when the government seizes a cell phone with a warrant, it has to return the phone if it's not needed, and/or return data it doesn't need. This appears to be outside Rule 41 return motions, sort of an ongoing constiutional duty.

I don't think I have ever seen anything like this, so it's a potential game-changer for government practices nationwise—or else potential fodder for a government petition for rehearing.

Colloton dissents as to this, in effect saying, what are you doing? And he's right that this would be a major change in the law.

To top it off, it's in the Mike Lindell case, that's the MyPillow guy. Here we all thought Lindell's claim was frivolous, and after ruling against him on the merits of the claim, the panel then suggests a new set of principles for cell phone searches for the trial court to consider on remand.

https://t.co/p5NOcSkLb7 #N

[Sixth Circuit Blog @6thCirBlog]

Sixth Circuit’s Denial of Rehearing En Banc Spawns Concurring and Dissenting Opinions https://t.co/vcY9NIQSqS

[Sixth Circuit Blog @6thCirBlog]

No good faith for search of electronic device, even after consent to preview device https://t.co/8Yzg4cQT0F