6th Circuit Case Commentaries

White's Landing Fisheries: Sovereign Immunity Bars Federal Takings/State-Law Claims Challenging State Fishing Rules; Jurisdictional Dismissals Must Be Without Prejudice

Date: Apr 24, 2026

White's Landing Fisheries: Sovereign Immunity Bars Federal Takings/State-Law Claims Challenging State Fishing Rules; Jurisdictional Dismissals Must Be Without Prejudice 1. Introduction In White's...

Plain-Error Review Shields Recorded Informant “Context” Statements and General Sentencing Explanations

Date: Apr 23, 2026

Plain-Error Review Shields Recorded Informant “Context” Statements and General Sentencing Explanations Introduction In United States v. Martez Deangelo Wright (6th Cir. Apr. 21, 2026) (unpublished),...

Lower Total Resentence Defeats Pearce Vindictiveness Presumption Despite a Higher Sentence on an Individual Count

Date: Apr 23, 2026

Lower Total Resentence Defeats Pearce Vindictiveness Presumption Despite a Higher Sentence on an Individual Count I. Introduction In United States v. Jermaine Kimbrough (Sixth Circuit, Apr. 20, 2026)...

Ream v. U.S. Dep't of the Treasury — Home-Distilling Ban Upheld as Necessary and Proper to Enforce Federal Excise Taxes; Preenforcement Standing Recognized Without Prior Violation

Date: Apr 23, 2026

Home-Distilling Ban Upheld as Necessary and Proper to Enforce Federal Excise Taxes; Preenforcement Standing Recognized Without Prior Violation Introduction In John Ream v. U.S. Dep't of the Treasury...

Rule 56(d) Discovery Deferrals in Qualified-Immunity Cases Must Account for Unambiguous Video Evidence and Identify a Genuine Dispute of Material Fact

Date: Apr 23, 2026

Rule 56(d) Discovery Deferrals in Qualified-Immunity Cases Must Account for Unambiguous Video Evidence and Identify a Genuine Dispute of Material Fact 1. Introduction In Elaine Smith v. Miami Valley...

Rehman v. Blanche: Motions to Remand Based on Ineffective Assistance Fail Absent a Prima Facie, Non-Speculative Showing of Asylum/Withholding Eligibility

Date: Apr 22, 2026

Rehman v. Blanche: Motions to Remand Based on Ineffective Assistance Fail Absent a Prima Facie, Non-Speculative Showing of Asylum/Withholding Eligibility Court: United States Court of Appeals for the...

Perfunctory Qualified-Immunity Briefing Forfeits the Defense and Defeats Interlocutory Appellate Jurisdiction (Sixth Circuit)

Date: Apr 22, 2026

Perfunctory Qualified-Immunity Briefing Forfeits the Defense and Defeats Interlocutory Appellate Jurisdiction (Sixth Circuit) Case: Montaz Lee Kennedy v. India Smith (No. 25-1880) Court: U.S. Court...

Sixth Circuit Requires Evidentiary Hearing on Presentence Plea-Withdrawal Motions When Material Plea-Validity/IAC Facts Are Disputed and the Record Is Undeveloped

Date: Apr 21, 2026

Sixth Circuit Requires Evidentiary Hearing on Presentence Plea-Withdrawal Motions When Material Plea-Validity/IAC Facts Are Disputed and the Record Is Undeveloped 1. Introduction In United States v....

Substantial-Identity Rule for Oral vs. Written Sentences and Minimal § 5G1.3(d) Explanation Under Plain-Error Review

Date: Apr 21, 2026

Substantial-Identity Rule for Oral vs. Written Sentences and Minimal § 5G1.3(d) Explanation Under Plain-Error Review I. Introduction In United States v. Douglas James Wilmurth (6th Cir. Apr. 17,...

Corroborated Multi-Informant Drug-Trafficking Tips and Real-Time Cell “Ping” Travel Patterns Establish Reasonable Suspicion for a Traffic Stop

Date: Apr 21, 2026

Corroborated Multi-Informant Drug-Trafficking Tips and Real-Time Cell “Ping” Travel Patterns Establish Reasonable Suspicion for a Traffic Stop Introduction In United States v. Matthew Joseph Sheehan...

United States v. Moreno Jackson, II — Express ACCA-Predicate Admissions as Appellate Waiver

Date: Apr 21, 2026

Express ACCA-Predicate Admissions in a Plea Agreement and Colloquy Waive Appellate Challenges to ACCA Sentencing 1. Introduction Case: United States v. Moreno Jackson, II (Sixth Circuit, Apr. 15,...

K. Petroleum v. Hubacek: Joint-Use Easement Maintenance Is Not a “Blank Check” for Upgrades (and Jury Verdicts on New-Trial Motions Receive Heavy Deference)

Date: Apr 20, 2026

K. Petroleum v. Hubacek: Joint-Use Easement Maintenance Is Not a “Blank Check” for Upgrades (and Jury Verdicts on New-Trial Motions Receive Heavy Deference) 1. Introduction In K. Petroleum, Inc. v....

Failure to Provide an Officer a Copy of a Submitted Promotion Recommendation Form Does Not Invalidate the Senior Rater’s Record; Remedy Is a Special Selection Board with Opportunity to Comment

Date: Apr 20, 2026

Failure to Provide an Officer a Copy of a Submitted Promotion Recommendation Form Does Not Invalidate the Senior Rater’s Record; Remedy Is a Special Selection Board with Opportunity to Comment I....

Total Disability for the BLBA Fifteen-Year Presumption Can Be Inferred from Severe Respiratory Failure Evidence—No “Chronic” Requirement

Date: Apr 20, 2026

Total Disability for the BLBA Fifteen-Year Presumption Can Be Inferred from Severe Respiratory Failure Evidence—No “Chronic” Requirement I. Introduction In Star Servs. Corp. v. OWCP (6th Cir. Apr....

Title-Insurance Exclusion 3(a) Bars Defense Coverage When the Insured Knowingly Permits a Title Reversion and Later Sells Into a Known Cloud

Date: Apr 20, 2026

Title-Insurance Exclusion 3(a) Bars Defense Coverage When the Insured Knowingly Permits a Title Reversion and Later Sells Into a Known Cloud Introduction In Triple Properties Detroit, LLC v. First...

Sixth Circuit Tightens FCA Relator Path: “Substantially the Same” Means No Mere Detail, and “Original Source” Requires Pre-Suit Government Disclosure; Novel Theories Still Must Meet Rule 9(b)

Date: Apr 20, 2026

Sixth Circuit Tightens FCA Relator Path: “Substantially the Same” Means No Mere Detail, and “Original Source” Requires Pre-Suit Government Disclosure; Novel Theories Still Must Meet Rule 9(b) Case:...

Actual Notice Can Satisfy Rule 902(11) and a Large Guidelines Variance Requires a Reasoned Basis to Accept an 11(c)(1)(C) Plea

Date: Apr 20, 2026

Actual Notice Can Satisfy Rule 902(11) and a Large Guidelines Variance Requires a Reasoned Basis to Accept an 11(c)(1)(C) Plea I. Introduction In United States v. Reginald DeWayne Brown (Sixth...

Harmless Error in Withholding-of-Removal Nexus: Misuse of “One Central Reason” Does Not Require Remand Where Record Shows No Protected-Ground Motive

Date: Apr 20, 2026

Harmless Error in Withholding-of-Removal Nexus: Misuse of “One Central Reason” Does Not Require Remand Where Record Shows No Protected-Ground Motive I. Introduction In Fermin Pablo-Diaz v. Todd W....

Post-Revocation Supervised Release Must Be Reduced by All Revocation Imprisonment; No Advance Notice Required for Upward Variances Based on the Record

Date: Apr 20, 2026

Post-Revocation Supervised Release Must Be Reduced by All Revocation Imprisonment; No Advance Notice Required for Upward Variances Based on the Record 1. Introduction In United States v. Jamel...

United States v. Jorge Flores (6th Cir. Apr. 15, 2026) — Commentary

Date: Apr 20, 2026

Protective Sweeps Require Articulable Facts of Dangerous Others (Not Just the Arrestee), While General MS-13 Expert “Background” Testimony and Curative Voir Dire Instructions Are Typically Sufficient...

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