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The Court found an "inflexible presumption of prosecutorial vindictiveness" to be inappropriate in the pretrial setting, where a prosecutor's case against a defendant may not yet have "crystallized." [11] Following the Court's ruling, lower federal courts have generally held a presumption of vindictiveness to be inapplicable in a pretrial setting.
American Booksellers Foundation for Free Expression v. Strickland, 560 F.3d 443 (6th Cir. 2009), is a decision of the Sixth Circuit Court of Appeals involving a constitutional challenge—both facially and as-applied to internet communications—to an Ohio statute prohibiting the dissemination or display to juveniles of certain sexually-explicit materials or performances.
Established on December 10, 1869 by the Judiciary Act of 1869 as a circuit judgeship for the Sixth Circuit Reassigned to the United States Circuit Court of Appeals for the Sixth Circuit by the Judiciary Act of 1891: Jackson: TN: 1891–1893 Lurton: TN: 1893–1909 Knappen: MI: 1910–1924 Moorman: KY: 1925–1938 Hamilton: KY: 1938–1945 S ...
Pages in category "United States Court of Appeals for the Sixth Circuit cases" The following 32 pages are in this category, out of 32 total. This list may not reflect recent changes .
The United States Court of Appeals for the Sixth Circuit affirmed the District Court's decision in 1971. The Sixth Circuit argued that Barker had waived any speedy trial claims up through February 1963 (which the Sixth Circuit erroneously believed was the first date that Barker's counsel objected to a further continuance) [5] and that the eight ...
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United States v. Warshak, 631 F.3d 266 (6th Cir. 2010) is a criminal case decided by the United States Court of Appeals for the Sixth Circuit holding that government agents violated the defendant's Fourth Amendment rights by compelling his Internet service provider (ISP) to turn over his emails without first obtaining a search warrant based on probable cause.
Alerding v. Ohio High School Athletic Association, 779 F.2d 315 (6th Cir. 1985) [1] was a court case heard before the United States Court of Appeals for the Sixth Circuit which held that the right to participate in interscholastic sports is not a fundamental privilege protected by the Privileges and Immunities Clause of the United States Constitution.