The sole issue in this habeas appeal is whether there was sufficient evidence to convict Anthony Saxton of aggravated murder, aggravated arson, and aggravated burglary. He was sentenced by the state trial court to serve 38 years to life in prison. Although the prosecution called 57 witnesses against Saxton at trial, there was no testimonial or physical evidence that placed him at the scene of the crime. The state trial court acknowledged the weakness of the evidence against Saxton, but denied...  

John S. Brown appeals his 144 month sentence for possession of crack and powder cocaine with intent to distribute, possession of a firearm in furtherance of a drug crime, and possession of a firearm after a felony conviction. On appeal, he argues that his sentence should be vacated because it was imposed without a presentence report. We find that the district court properly exercised its discretion to impose a sentence without a presentence report under Federal Rule of Criminal Procedure...  

Petitioner-Appellant Van Chester Thompkins, Jr. ("Thompkins") appeals the district court's denial of his petition for a writ of habeas corpus. Following a jury trial in 2002 in Michigan state court, Thompkins was convicted of first-degree murder, assault with intent to commit murder, and several firearms-related charges. After exhausting the state appeals process, Thompkins filed in the United States District Court for the Eastern District of Michigan a petition for a writ of habeas...  

Plaintiffs-appellants represent a class of investors who purchased securities of Dana Corporation ("Dana") between April 21, 2004 and October 7, 2005 (the "Class Period"). Plaintiffs' class-action complaint alleges violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, 15 U.S.C. §§ 78j(b) and 78t(a), and Rule 10b-5 promulgated thereunder by the Securities and Exchange Commission, 17 C.F.R. § 240.10b-5. In particular, Plaintiffs allege that...  

Plaintiff Dealer Computer Services, Inc. ("DCS") appeals the district court's denial of its motion to vacate an arbitration award that did not preclude class arbitration of contract claims brought by Defendants Dub Herring Ford, et al. ("Dealers") against DCS. DCS argues the district court erred by failing to find the arbitration panel both exceeded its powers in violation of 9 U.S.C. § 10(a)(4) and acted with "manifest disregard of the law." DCS also appeals the...  

Respondent Ralph Coyle, a warden, appeals the district court's order granting Shawn L. Hawkins a writ of habeas corpus on the grounds that, at sentencing, his trial counsel was ineffective in failing to conduct any investigation for mitigation purposes. Hawkins, in turn, appeals the district court's denial of habeas relief on all other grounds asserted in his Amended Habeas Petition. For reasons explained below, we REVERSE the district court's grant of relief on the basis of ineffective...  

Plaintiff-appellant Doris A. Redmon appeals the judgment of the district court dismissing her claims against defendants-appellees Sud-Chemie Inc. Retirement Plan for Union Employees, Retirement Plan Committee for the Sud-Chemie Inc. Retirement Plan for Union Employees, and Sud-Chemie Inc. (collectively, "Sud-Chemie"). Redmon alleges that Sud-Chemie failed to pay her survivor benefits due under her husband's retirement plan and failed to provide her with the plan information she...  

Plaintiff Chavtz Seals, who was injured at work, brought this action asserting a workplace intentional tort claim against defendant General Motors Corporation (GM). The district court granted GM's motion for summary judgment, finding (1) that this claim was barred by a release plaintiff signed in connection with a voluntary buyout of his employment, and (2) that plaintiff failed to demonstrate a genuine issue of material fact with respect to his intentional tort claim. Seeking reversal,...  

In this lawsuit involving claims of excessive force, Plaintiff-Appellant George A. Vance ("Vance") appeals the grant of summary judgment to... ... ... Defendants-Appellees Captain Blaine Wade ("Wade"), Detective Jim Breuer ("Breuer"),1 and the city of Bristol, Tennessee. In June 2000, Vance filed this lawsuit under 42 U.S.C. § 1983, alleging that on June 10, 1999, officers Wade and Breuer used excessive force in handcuffing and securing him during the execution of a...  

Defendant Billy Ed Kemp appeals his conviction for being a felon in possession of a firearm. He argues that the district court erred in admitting evidence of his prior convictions, and in failing to instruct the jury on his justification defense. We affirm... I... Kemp was arrested in May 2005 with a... 32 caliber derringer pistol in his pocket. He previously had been convicted of several felonies, including two for taking indecent liberties with a minor. Kemp was charged with being a felon in...  

Defendant Kevin Davis was convicted of distributing, and of conspiring to distribute, crack cocaine. He had sold crack cocaine to a government informant who had been directed to Davis by Davis's cousin. At trial, the district court admitted testimony concerning a prior drug transaction that similarly involved Davis, his cousin, and a third-party buyer. Davis challenges both his distribution and conspiracy convictions on appeal, arguing that evidence of the prior sale was inadmissible under...  

The petitioner, Lancine Kaba, seeks review of the denial by an immigration judge and by the Board of Immigration Appeals (BIA) of his requests for asylum, withholding of removal, and relief pursuant to the United Nations Convention Against Torture, 1465 U.N.T.S. 85, 23 I.L.M. 1027, art. 3. Before this court, Kaba contends that the immigration judge erred in finding him not credible, in concluding that he had not suffered past persecution in his native Cote d'Ivoire (formerly known as the Ivory...  

Defendant-Appellant Felix Walls ("Walls") appeals his life sentence resulting from convictions for one count of conspiracy to possess with intent to distribute and to distribute five kilograms or more of cocaine in violation of 21 U.S.C. § 846 and one count of conspiracy to launder money in violation of 18 U.S.C. § 371. Walls, through his attorney, makes five arguments: (1) the district court erred when it imposed an enhancement under U. S. SENTENCING GUIDELINES MANUAL...  

Plaintiffs, Lorillard Tobacco Company, Phillip Morris USA Inc., and R.J. Reynolds Company, brought this interpleader action against a number of attorneys, including... ... ... the five Defendants-Appellants ("Florida Counsel"),1 to determine the proper recipients of four annual $125 million payments that Plaintiffs agreed to pay as part of an attorneys' fee agreement related to the 1998 tobacco settlement. Florida Counsel, five law firms that represented the State of Florida in the...  

The Ohio courts have upheld the sentence of defendant Roderick Davie to death for the brutal and gruesome murder of two victims. He was also convicted on an attempt to kill a third. On a subsequent petition for a federal writ of habeas corpus, the district court below rejected contentions that defendant's Miranda rights had been violated, that his penalty-phase jury instructions had been constitutionally deficient, and that prosecutorial conduct had denied him due process. These determinations...  

Petitioners Herbert Derickson ("H. Derickson") and Jill Derickson ("J. Derickson") (referred to jointly as "the Dericksons") petition this court for review of the decision of the Secretary of Agriculture that they violated 15 U.S.C. §§ 1824(1) and 1824(2)(B), the Horse Protection Act of 1970 ("Act"), by transporting and entering in a horse show... ... ... a sore1 horse, Just American Magic. The Dericksons make three arguments: (1) the Judicial Officer...  

Petitioner Billy Exum ("Petitioner") appeals the National Labor Relations Board's ("Board") decision reversing the decision of the Administrative Law Judge ("ALJ") and dismissing Petitioner's complaint. Petitioner had brought a complaint against his employer, Fineberg Packing Company, Inc. ("Employer"), alleging that it had discharged Petitioner and thirty-one other striking employees in violation of Section 8(a)(1) of the National Labor Relations Act (29 U.S.C....  

This Social Security disability appeal presents a single procedural issue regarding whether the Social Security Administration adequately explained its decision. At least on the particular facts of this case, it was procedurally acceptable for the ALJ not to address in his opinion that Bowie was "borderline" between age groups under 20 C.F.R. § 404.1563(b). The district court therefore properly upheld the Commissioner's denial of benefits... Suffering from hypertension, aortic...  

ORDER... In this consolidated appeal, George Hubert Simpson, proceeding through counsel, appeals the district court's imposition of a 450-month term of imprisonment and the district court's denial of his motion to dismiss a charge of escape. The parties have waived oral argument, and this panel unanimously agrees that oral argument is not needed. Fed. R. App. P. 34(a)... In Case No. 2:02-CR-71, a jury convicted Simpson of conspiracy to distribute methamphetamine, aiding and abetting kidnaping,...  

As my colleagues' opinions for the court appear to me to be a bit succinct, I write to provide some additional facts and reasoning in support of the same result... Ralph Nader ran for President of the United States in 2004. Under Ohio law, he needed to collect 5000 signatures on his nominating petition to be placed on the Ohio general-election ballot. Circulators of Nader nominating petitions collected over 14,000 signatures, but local election boards invalidated approximately 8000 of them,...