Recent Articles from Staff Report
Clouse named probate commissioner in Greene County
The Greene County Circuit Court en banc has chosen Holly A. Clouse as the circuit’s new probate commissioner.
Criminal Law: Revocation of Supervised Release-Violation of Conditions-Sufficiency of Evidence
U.S. v. Hemkens (MLW No. 80365/Case No. 23-1163 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Eastern District of Missouri, Clark, J.
Criminal Law: Racketeering-Underlying Activity-Cross-Reference
U.S. v. Nichols (MLW No. 80345/Case Nos. 22-1254 & 22-1441 & 22-1477 &22-1524 & 22-2055 – 21 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.) Appealed from U.S. District Court, Southern District of Iowa, Jarvey, J., Ebinger, J., and Jackson, J. (Gina Messamer, of Des Moines, IA; Elizabeth Ann Araguas, of Cedar Rapids, IA; John D. Jacobsen, of Cedar Rapids, IA; Raphael M.[...]
Criminal Law: Possession with Intent to Distribute-Career Offender-Sentencing Enhancements
U.S. v. Rivera (MLW No. 80350/Case No. 22-1295 –11 pages) (U.S. Court of Appeals, 8th Circuit, Erickson, J.) Appealed from U.S. District Court, Western District of Arkansas, Brooks, J. (Christopher Aaron Holt, AFPD, of Fayetteville, AR for appellant) (David A. Harris, AUSA, of Fort Smith, AR for appellee)
Criminal Law: Possession of Firearm by Felon-Motion to Suppress Evidence-Armed Career Criminal
U.S. v. Smith (MLW No. 80364/Case No. 22-2912 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.) Appealed from U.S. District Court, District of Minnesota, Tunheim, J. (Glenn P. Bruder, of Eden Prairie, MN for appellant) (Lisa D. Kirkpatrick, AUSA, of St. Paul, MN for appellee)
Criminal Law: Possession of Firearm by Felon-Admission of 911 Calls-Running Sentence with State Sentence
U.S. v. Lebeau (MLW No. 80354/Case No. 22-2604 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.) Appealed from U.S. District Court, District of South Dakota, Viken, J. (Rachael Steenholdt, AFPD, of Fargo, ND for appellant) (Eric D. Kelderman, AUSA, of Rapid City, SD for appellee)
Criminal Law: Illegal Procurement of Naturalization-False Statements-Materiality
U.S. v. Cheboss (MLW No. 80363/Case No. 22-2617 – 10 pages) (U.S. Court of Appeals, 8th Circuit, Loken, J.) Appealed from U.S. District Court, Southern District of Iowa, Rose, J. (Heather Quick, AFPD, of Cedar Rapids, IA for appellant) (Andrew H. Kahl, AUSA, of Des Moines, IA and MacKenzie Benson Tubbs, AUSA, of Des Moines, IA on the brief)
Criminal Law: Guilty Plea-Withdrawal-Sentencing
U.S. v. Triana (MLW No. 80382/Case No. 22-1455 – 10 pages) (U.S. Court of Appeals, 8th Circuit, Erickson, J.) Appealed from U.S. District Court, District of Nebraska, Buescher, J. (Jim K. McGough, Omaha, NE and Gerald L. Soucie, Covington, GA argued for appellants) (Lesley A. Woods, Omaha, NE argued for appellee).
Criminal Law: Felon in Possession of Firearm-Indictment of Investigating Officer-Motion to Withdraw Guilty Plea
U.S. v. Colbert (MLW No. 80346/Case No. 22-2120 – 4 pages) (U.S. Court of Appeals, 8th Circuit, Kobes, J.) Appealed from U.S. District Court, Western District of Missouri, Kays, J. (Daniel Goldberg, AFPD, of Kansas City, MO for appellant) (David Wagner, AUSA, of Kansas City, MO for appellee)
Criminal Law: Drug Conspiracy-Appeal Waiver-Substantive Reasonableness of Sentence
U.S. v. Magallon (MLW No. 80366/Case No. 23-1336 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Western District of Missouri, Ketchmark, J.
Criminal Law: Conspiracy to Distribute Drugs-Supervised Release-Sex Offender Treatment Obligation
U.S. v. Weems (MLW No. 80362/Case Nos. 22-2610 & 23-1245 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Loken, J.) Appealed from U.S. District Court, Southern District of Iowa, Ebinger, J., and Locher, J. (Nathaniel A. Nieman of Rock Island, IL for appellant) (Corey Rothrock, AUSA, of Council Bluffs, IA for appellee)
Criminal Law: Assault of a Federal Officer-Investigation of State Crimes-Assistance of Other Officers
U.S. v. Brown (MLW No. 80353/Case No. 22-1900 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Gruender, J.) Appealed from U.S. District Court, Eastern District of Missouri, Limbaugh, J. (Jason Paul Hine, of Brentwood, MO for appellant) (John Nicholas Koester, Jr., AUSA, of Cape Girardeau, MO for appellee)
Latest Opinion Digests
- Immigration: Asylum-Withholding of Removal-Appellate Jurisdiction
- Criminal Law: Child Pornography-Bottom-of-Guidelines Sentence-Substantive Reasonableness of Sentence
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
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