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US Circuit Court of Appeals
6th Circuit Case Summaries

2004/05/25 Tue

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OPINION SUMMARIES - May 24, 2004
U.S. 6TH CIRCUIT COURT OF APPEALS
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TABLE OF CONTENTS

CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE
* QUINTERO v. BELL

IMMIGRATION LAW
* ZAYED v. US

INDIAN LAW, GAMING LAW
* GRAND TRAVERSE BAND OF OTTAWA AND AND CHIPPEWA INDIANS v. OFFICE
OF THE US ATTORNEY FOR THE W. DIST. OF MICHIGAN
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CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE

QUINTERO v. BELL, No. 99-6724 (6th Cir. May 24, 2004)

ALAN E. NORRIS, Circuit Judge. Petitioner Derrick Quintero brought this action
for a writ of habeas corpus in federal district court, alleging that he had suffered
ineffective assistance of counsel because his attorney failed to object to the presence
of seven jurors who had served on the juries that convicted his co-conspirators. The
district court conditionally granted the writ, and we affirmed in a published opinion.
Quintero v. Bell, 256 F.3d 409 (6th Cir. 2001). Respondent warden filed a petition
for certiorari with the United States Supreme Court. The Supreme Court granted
certiorari and vacated our opinion, remanding for reconsideration in light of its opinion
in Bell v. Cone, 535 U.S. 685 (2002). Bell v. Quintero, 535 U.S. 1109 (2002).
Because Cone is distinguishable on its facts, we affirm the judgment of the district
court and reinstate our original opinion.

A jury is not fair and impartial under the Sixth Amendment when
seven of its members had previously sat on a jury that convicted
defendant's co-conspirators. (Re-affirmed opinion)

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/6th/04a0150p.html

IMMIGRATION LAW

ZAYED v. US, No. 02-4011 (6th Cir. May 24, 2004)
8 U.S.C. section 1429 prohibits a United States district court from
exercising jurisdiction to review an administrative denial of a
naturalization application once a removal proceeding has been
instituted against the applicant.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/6th/04a0149p.html

INDIAN LAW, GAMING LAW

GRAND TRAVERSE BAND OF OTTAWA AND AND CHIPPEWA INDIANS v. OFFICE OF
THE US ATTORNEY FOR THE W. DIST. OF MICHIGAN , No. 02-1679 (6th Cir.
May 24, 2004)
It is permissible for a federally recognized Native-American tribe
to conduct casino-style gaming at an off-reservation site on land
which was placed in a trust pursuant to an exception of the Indian
Gaming Regulatory Act, 25 U.S.C. section 2719(b)(1)(B)(iii).

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/6th/