LATEST SUMMARIES

CIVIL RIGHTS, CRIMINAL LAW & PROCEDURE, EVIDENCE, HEALTH LAW, INJURY AND TORT LAW, PROFESSIONAL MALPRACTICE
• Gibson v. Moskowitz

CRIMINAL LAW & PROCEDURE, EVIDENCE, HABEAS CORPUS, SENTENCING
• Johnson v. Bell

LATEST SUMMARIES

CIVIL RIGHTS, CRIMINAL LAW & PROCEDURE, EVIDENCE, HEALTH LAW, INJURY AND TORT LAW, PROFESSIONAL MALPRACTICE
Gibson v. Moskowitz, No. 07-1074, 07-1198
In a 42 U.S.C. section 1983 and state law action brought by the estate of a mentally disabled inmate who died from severe dehydration, a judgment pursuant to a jury verdict in favor of the estate is affirmed in part and reversed in part where: 1) there was sufficient evidence to show deliberate indifference on the part of defendant-psychiatrist; 2) the evidence supported the compensatory and punitive damages awards; 3) the punitive damages award was not constitutionally excessive; 4) claims of evidentiary errors are rejected; 5) there was no error in applying Michigan's "high tier cap" on non-economic damages for medical malpractice; but 6) a remand was required as the district court failed to state a reason as to how it allocated the award between the statutorily capped malpractice claim and the deliberate indifference claims. Read more...

CRIMINAL LAW & PROCEDURE, EVIDENCE, HABEAS CORPUS, SENTENCING
Johnson v. Bell, No. 04-5377
In habeas proceedings in a death penalty case, denial of habeas relief is affirmed over claims regarding whether: 1) petitioner's due process right was violated by the prosecution's failure to disclose material evidence; 2) petitioner's right to compulsory process was violated by the prosecution's improper coercion of a defense witness; 3) the prosecution improperly interfered with a defense witness; 4) the prosecution improperly vouched for a witness's credibility and inflamed the passions of the jury; 5) the cumulative misconduct violated the petitioner's rights; and 6) petitioner's counsel rendered ineffective assistance of counsel during the guilt phase. Read more...