Westchester Fire Insurance Company v. Wallerich (MLW No. 59017/Case No. 07-3624/07-3625 – 26 pages) (U.S. Court of Appeals, Eighth Circuit, Smith, J.) Where the district court in an insurance coverage dispute found that the insurer did not have a duty ...
Read More »Employer – Employee: USERRA – Military Employee – Termination
Maxfield v. Cintas Corporation (MLW No. 59021/Case No. 08-2266 – 5 pages) (U.S. Court of Appeals, Eighth Circuit, Bye, J.) Where an employee claimed his job position was changed and he was later terminated because of his military service in ...
Read More »Criminal Law: Voir Dire – Peremptory Challenge – Gender
U.S. v. Grant (MLW No. 59020/Case No. 08-2405 – 22 pages) (U.S. Court of Appeals, Eighth Circuit, Riley, J.) Where a defendant who was convicted of second-degree murder in the stabbing death of her boyfriend claimed the district court erred ...
Read More »Criminal Law: Traffic Stop – Search – Consent
U.S. v. Barnum (MLW No. 59011/Case No. 08-2824 – 20 pages) (U.S. Court of Appeals, Eighth Circuit, Gruender, J.) Where an officer’s belief was reasonable under the totality of the circumstances that a defendant voluntarily consented to a search of ...
Read More »Criminal Law: Sex Offender Registration – Notice
U.S. v. Baccam (MLW No. 59012/Case No. 08-3242 – 6 pages) (U.S. Court of Appeals, Eighth Circuit, Murphy, J.) Where a sex offender raised a due process notice challenge after he was convicted under the Sex Offender Registration and Notification ...
Read More »Criminal Law: Sentencing – Sufficient Explanation – Child Pornography
U.S. v. Jones (MLW No. 59016/Case No. 08-2710 – 8 pages) (U.S. Court of Appeals, Eighth Circuit, Kays, J.) Where the record showed that a district court listened to a defendant’s arguments for a downward departure, watched his PowerPoint presentation ...
Read More »Criminal Law: Sentencing – Sufficient Explanation – Crack Cocaine
U.S. v. Clark (MLW No. 59014/Case No. 08-2368 – 4 pages) (U.S. Court of Appeals, Eighth Circuit, Melloy, J.) Where a district court amended a sentence for a defendant sentenced on crack-cocaine charges, the court’s brief explanation was sufficient, especially ...
Read More »Criminal Law: Sentencing – Manipulation – Controlled Drug Buys
U.S. v. Torres (MLW No. 59015/Case No. 08-2703 – 8 pages) (U.S. Court of Appeals, Eighth Circuit, Gibson, J.) Where a defendant convicted on methamphetamine charges argued that officers did not need to engage in six controlled drug buys before ...
Read More »Criminal Law: Murder Conviction – New Trial – Prosecutor Misconduct
Hunt v. Houston (MLW No. 59019/Case No. 08-2147 – 18 pages) (U.S. Court of Appeals, Eighth Circuit, Wollman, J.) Where the state appealed the award of a new trial to a defendant sentenced to life in prison for murder, the ...
Read More »Criminal Law: Habeas Relief – Denial Of Counsel – Assistance Of Counsel
Shelton v. Purkett (MLW No. 59041/Case No. 08-1833 – 10 pages) (U.S. Court of Appeals, Eighth Circuit, Beam, J.) Where an appellate court’s finding that a trial court would have sent an exhibit to the jury even if a criminal ...
Read More »Civil Rights: Search Warrant – Omitted Material – Qualified Immunity
Morris v. Lanpher (MLW No. 59018/Case No. 08-2040 – 6 pages) (U.S. Court of Appeals, Eighth Circuit, Loken, C.J.) Where plaintiffs brought a civil rights action against officers claiming an affidavit submitted in a search warrant application deliberately omitted material ...
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