Immigration Law: Removal Order-Controlled Substance Offense-Due Process
Where petitioner sought review of the denial of his motion to reconsider or remand a final order of removal, the petitioner was found to be removable based on his conviction for a controlled-substance offense, so review was precluded by the criminal alien jurisdictional bar, and the judgment is affirmed because the petitioner’s due process […]
Juvenile: Due Process- Admission To Facts- Waiver
Where a juvenile argued that the juvenile court violated his due process rights when it accepted his admission of the charges alleged, the juvenile’s equivocal answers and mental health issues did not make his plea involuntary where the court ensured that he understood the relevant issues, and the hearing transcript showed that he was able […]
Civil Rights: Jurisdiction- Due Process- Younger Abstention
Where plaintiff Indian tribes challenged the procedures used by South Dakota state officials to remove children temporarily from their homes in exigent circumstances, the district court’s orders are vacated because the court should have abstained from exercising jurisdiction under the principles of federal-state comity from the Younger doctrine. Vacated; remanded. Oglala Sioux Tribe v. Fleming [[...]
Defender pushes back on ‘default’ admonition
The Missouri Supreme Court recently declined to intervene in a disciplinary case against a public defender, despite allegations that the admonition was entered without due process.
Employer – Employee : First Amendment – Due Process – Qualified Immunity
Groenewold v. Kelley (MLW No. 71605/Case No. 16-4019 – 12 pages) (U.S. Court of Appeals, 8th Circuit, Wollman, J.)
Bankruptcy : Discharge – Publication Notice – Due Process
Dahlin v. Lyondell Chemical Company (MLW No. 71369/Case No. 16-3419 – 12 pages) (U.S. Court of Appeals, 8th Circuit, Benton, J.)
Criminal Law : Traffic Stop – Due Process
State v. Gorombey (MLW No. 71334/Case No. WD80016 – 12 pages) (Missouri Court of Appeals, Western District, Witt, J.)
Constitutional Law : Due Process – Out-Of-State Occurrence – Reporting Procedures
Owen v. Missouri Department of Social Services (MLW No. 71263/Case No. WD80710 – 9 pages)(Mo.Ct.App. W.D. Pfeiffer, C.J.)
Criminal Law : Voir Dire – Due Process – Introduction Of Staff
State v. Dobyns (MLW No. 71292/Case No. SD34724 – 3 pages) (Missouri Court of Appeals, Southern District, Rahmeyer, J.)
Probate : Civil Commitment – SVPA – Due Process
In the Matter of the Care and Treatment of: J.D.B. (MLW No. 71281/Case No. ED104442-01 – 27 pages) (Mo.Ct.App. E.D., Dolan, J.)
Criminal Law : Due Process – Ineffective assistance – Post-Conviction Relief
Roberts v. State (MLW No. 71280/Case No. ED104750 – 16 pages) (Mo.Ct.App. E.D., Hess, J.)
Workers’ Compensation : Survivor Benefits – Due Process
Carter v. Treasurer (MLW No. 70975/Case No. WD80524 – 9 pages) (Missouri Court of Appeals, Western District, Martin, J.)
Latest Opinion Digests
- 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
- Domestic Relations : Parenting Plan – Child Support
- Criminal Law : Post-Conviction Relief – Guilty Plea – Sentence Advice
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