Thursday, November 15, 2012

End of day

Also decisions in 10th, 11th, and Federal Circ.  I'm at end of day, though.  Addio.


Jurisdiction proper over matter corollary to bankruptcy proceeding.

"Anticipated" income can be included in the judgment despite statutory prohibition on unvested funds being considered.



A pending general investigation is not enough to trigger inquiry notice for the subject of unauthorized disclosures - the plaintiff needed a clearer sign that unauthorized disclosures had been made before the SOL clock starts.

Grant of immunity to govt for unauthorized disclosures of tax info would defeat the purpose of the statute.


Eighth Circuit -- Ansu Abraham v. United States

No Padilla question, as the PSR said that there would be likely deportation, and deft reviewed the PSR.

Ansu Abraham  v.  United States

Sixth Circuit -- Coalition to Defend Affirmative Action v. Regents

State constitutional referendum mandating race-neutral admission unconstitutional, as it offends federal constitution.

[This summary prepared from the first paragraph, as it's a long read, and MB is in a hurry.]

Coalition to Defend Affirmative Action v. Regents

Sixth Circuit -- USA v. Sathon Evans

 Ohio 'assaulting a police officer' statute is a crime of violence for sentencing guidelines purposes.

Ohio drug sale statute that includes offering to sell qualifies under federal drug sale statute.  No circuit split for contrary holding in 5th Circuit, as intent to offer to sell is different from intent to sell.

USA v. Sathon Evans

Sixth Circuit -- Samuel Moreland v. Margaret Bradshaw

Death penalty habeus -

Sufficient evidence, eyewitnesses, etc.

No Due Process claim even absent AEDPA deference on competence of young witness.

State law barring expert witness from impugning accuracy of eyewitness doesn't rise to level of fundmenatal fairness.

Crime scene photos did not improperly sway judges - no ineffective assistance for failure to object.

Police testimony as to post-Miranda silence did not improperly sway panel.

Bench trial means that allowing prosc to use invocation as proof of sobriety didn't sway the verdict.  The judges would have not considered any inappropriate evidence.

No ineffective assistance in sentencing phase.

 Samuel Moreland v. Margaret Bradshaw

Fourth Circuit -- Sharon Burnette v. Helen Fahey

 Dissent from denial of en banc on issue of Due Process rights for parole denial.

Sharon Burnette v. Helen Fahey

Third Circuit -- In Re: Pharmacy Benefit

Dismissal of suit subsequent to order to arbitrate makes the arbitration order reviewable.

Order to compel arbitration was error, as litigation had been ongoing for more than ten months, and the equities of the case argue for waiver of right to arbitrate.

In Re: Pharmacy Benefit v.

Second Circuit -- McElwee v. County of Orange

ADA accommodation for autistic gentleman in work program -

1 - No issue of qualifying disability, as the conduct makes the plaintiff ineligible to be considered for the specialized program he is working with.

2 - Accommodations unreasonable as a matter of law.

McElwee v. County of Orange

Second Circuit -- United States v. Siddiqui

Presumption against extraterritoriality doesn't apply to criminal offenses, and this type of offense (shooting Americans) is prone to occurrence outside the US, so extraterritorial application is OK. 

Even in active theatres of war. 

This includes firearms offenses.

Documents planning mass destruction are in to show motive.

Competence to stand trial means that the decision to testify is competently made, even over defense counsel objection.  (Limited to facts of case - judge did not err in allowing.)

Unmirandized & medicated statements in as voluntary.

Terrorism sentencing bump properly  made.

United States v. Siddiqui

Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.