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8th U.S. Circuit Court of Appeals

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Criminal Law: Post-Arrest Silence – ‘Liquid Solution’ – Lesser-Included Offense

(1)Where the prosecutor asked a defendant on trial for drug charges direct questions about her post-Miranda silence and elicited responses about her requests for counsel, her post-arrest silence was not a proper subject for examination and the defendant was prejudiced ...

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Criminal Law: Drug Conspiracy – Sufficiency Of Evidence – Instructions

Where several police officers and 12 cooperating witnesses testified about defendant’s selling of crack cocaine and cash, cocaine and other drug evidence was seized from the residence from which the defendant ran, the evidence was sufficient to support the defendant’s ...

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Civil Practice: Timeliness – Equitable Tolling – Preemption

Where a competitive local carrier sued an incumbent local carrier alleging violations of telecommunications laws, the district court properly dismissed the plaintiff’s federal claim because it was untimely and equitable tolling was not applicable, and the plaintiff did not support ...

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8th U.S. Circuit Court of Appeals: Contracts

Surety bonds; attorney’s fees   07-1547 Spirtas Co., doing business as Spirtas Wrecking Co., formerly known as Arnold R. Spirtas Co.; Spirco Environmental Inc., formerly known as Spirco Services Inc.; Spirtas Industrial Services Inc.; Service Contractors Inc.; Abatement Services Inc.; ...

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8th U.S. Circuit Court of Appeals: Constitutional

First Amendment; School clothing policy   07-3099 B.W.A., a Minor; Marc Archambo, individually and as Next Friend of B.W.A., A Minor; Tamra Archambo, individually and as Next Friend of B.W.A., A Minor; R.S., a Minor; Opal Scaggs, as Next Friend ...

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8th U.S. Circuit Court of Appeals: Administrative

Medicare reimbursement; settlement   08-1983 Dolores Mathis; Dawn Michelle Phillips; Patricia Ann Zollars; Kimberly Maria Webb; Christopher Mathis; Timothy Cooper Mathis; Jennifer Nicole Parrish, Appellants, v. Michael O. Leavitt, Secretary, Department of Health and Human Services, Appellee Appeal From: District ...

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8th U.S. Circuit Court of Appeals: Criminal Law

Death penalty; mental retardation   07-2385 Andrew Sasser, Appellant, v. Larry Norris, Director, Arkansas Department of Corrections, Appellee Appeal From: U.S. District Court for the Western District of Arkansas Submitted: Sept. 25, 2008 Filed: Jan. 23, 2009 Before: Judges Riley, ...

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8th U.S. Circuit Court of Appeals: Corporate

Income tax; refund action   08-1638 General Mills Inc. & Subsidiaries, Plaintiff-Appellee, v. U.S., Defendant-Appellant Appeal From: U.S. District Court for the District of Minnesota Submitted: Nov. 14, 2008 Filed: Jan. 26, 2009 Before: Judges Wollman, Beam and Benton Opinion ...

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