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Civil Practice: Pro Se Complaint-Subject Matter Jurisdiction
Where an appellant challenged the dismissal of her pro se complaint, the complaint was properly dismissed for lack of subject matter jurisdiction. Judgment is affirmed. Knight v. Chatelain (MLW No. 74753/Case No. 19-2744 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, District of Nebraska.
Criminal Law: Habeas Petition-Subject-Matter Jurisdiction
Where a defendant in a bank-fraud case filed a habeas petition seeking a declaration from the revocation judge that his sentences must run concurrently, the defendant failed to show that he was unable to pursue his desired relief by filing a Section 2255 petition with the sentencing judge, and he did not show that Section […]
Elections: Election Validity-Subject-Matter Jurisdiction
Where a voter challenged an election that authorized the imposition of a sales tax, and the trial court granted the defendants’ motion to dismiss the voter’s petition for lack of subject-matter jurisdiction, the court erred in dismissing for lack of subject-matter jurisdiction because the trial court has subject-matter jurisdiction over all civil cases, and the […]
Appellate: Subject-Matter Jurisdiction-Remand Order
Where appellant challenged a district court order remanding a personal-injury case to state court based on lack of subject-matter jurisdiction, the appellate court cannot review the merits of the order where the remand order was based on lack of subject matter jurisdiction, so the appeal is dismissed. Appeal is dismissed. Vasseur v. Sowell (MLW No.73605/Case […]
Criminal Law: Credit for Time Served-Subject Matter Jurisdiction-Failure to Exhaust Administrative Remedies
Petitioner petitioned for declaratory judgment, claiming he was entitled to six years of additional jail credits towards his sentences. The trial court dismissed the petition for lack of subject matter jurisdiction, concurring the department that petitioner had failed to exhaust his administrative remedies. Where the failure to exhaust administrative remedies merely deprived a court of […]
Civil Practice: Dismissal-Subject Matter Jurisdiction
Where appellants challenged the dismissal of their complaint for lack of subject matter jurisdiction, federal district courts are precluded from exercising subject matter jurisdiction in actions where the losing party in state court complains of injury caused by a state court judgment and seeks review and rejection of the judgment, so the district court did […]
Employment Law: MHRA-Right-To-Sue Letter-Subject-Matter Jurisdiction
Where a trial court dismissed a defendant employer’s motion to dismiss in an age-discrimination action, agreeing with the employer’s argument that the court lacked subject-matter jurisdiction because there was not an allegation in the petition that the plaintiff had received her right-to-sue letter from the Commission on Human Rights even though the employer knew the […]
Civil Practice: Subject-Matter Jurisdiction-Federal Tax Liability
Where taxpayers challenged the dismissal of their civil suit challenging their liability for federal taxes and penalties, the district court did not err in dismissing the complaint for lack of subject-matter jurisdiction. Judgment is affirmed. Francis v. U.S. (MLW No. 73226/Case No. 18-2988 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed […]
Civil Practice: Pro Se Complaint-Dismissal-Subject Matter Jurisdiction
Plaintiff appealed the dismissal of her pro se complaint for lack of subject matter jurisdiction Where the court found no basis for reversal, it affirmed the dismissal of her complaint. Judgment is affirmed. Coulter v. Bank of Ozarks, Inc. (MLW No. 72887/Case No. 18-2347 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per […]
Criminal Law: Post-Conviction Relief-Subject Matter Jurisdiction
Where a defendant challenged the dismissal of his pro se motion to strike his Rule 29.15 amended motion for post-conviction relief as well as his motions to proceed pro se and to conduct an abandonment inquiry, this appeal is dismissed because the motion court already dismissed previous appeals with similar allegations and had no further […]
Employer –Employee : Retaliation – Injunctive Relief – Subject Matter Jurisdiction
Brazil v. Arkansas Department of Human Services (MLW No. 71757/Case No. 17-2229 – 5 pages) (U.S. Court of Appeals, 8th Circuit, Stras, J.)
Civil Practice : Subject Matter Jurisdiction – Mechanic’s Lien
Karrenbrock Construction, Inc. v. Saab Auto Sales and Leasing, Inc. (MLW No. 71441/Case No. ED105863 – 6 pages) (Missouri Court of Appeals, Eastern District, Hess, 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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