Tuesday, November 20, 2012

End of day

A smattering of other opinions in the DC Circuit & Federal Circuit -- feel free to peruse directly.

Ninth Circuit -- USA V. JOANN WIGGAN

Grand jurors can't testify at trial to matters beyond materiality of deft statements.  (It's a 'brume.')

Materiality is an inquiry into the relevance of the statement in the deliberations of the grand jury, not a characterization of the statement itself.

Sufficient Evidence.


Eighth Circuit -- Shawn Copeland v. Richard Fink

Debtors wanted to prioritize tax and tax preparation unsecured debt. 

Bankruptcy court did not wish to do so. 

No clear error, saith the Eighth Circuit.

 Shawn Copeland  v.  Richard Fink

Seventh Circuit -- EEOC v. Thrivent Financial

Employer learned of employee's migrane troubles outside of 'medical inquiries and examinations,' so no ADA claim.

No Chevron deference to EEOC, as the term has a plain meaning.

EEOC v. Thrivent Financial

Seventh Circuit -- USA v. Lincoln Plowman

No error in barring entrapment defense, as there was no inducement.  (No matter how charismatic the undercover agent was.)

USA v. Lincoln Plowman

Seventh Circuit -- Marko Vrljicak v. Eric Holder, Jr.

Administrative regulation requiring filing within a 'reasonable' time is not unconstitutionally vague.

Marko Vrljicak v. Eric Holder, Jr.

Seventh Circuit -- Shane Holloway v. Delaware County

No deprivation of 14A constitutional rights due to accidental nine day pretrial incarceration.

Staff not indifferent to petitioner's med problems.

Shane Holloway v. Delaware County

Second Circuit -- United States v. Marin Moreno

Hasty retreat by deft & soundness of tip justified warrantless entry under exigency, as there was a risk of evidence being destroyed.

Consent obtained after being subdued and restrained and told that she had better cooperate was voluntary.

United States v. Marin Moreno

First Circuit -- Nystedt v. Nigro

The question: quasi-judicial immunity for the players in an allegedly Jarndycean probate suit.

No error in 54(b) certification of appeal after partial judgment.

(Random quoting of "Polonius" in Hamlet.  Love the First Circuit.)

Quasi-judicial immunity extends to administrative & ex parte acts, and to associated entities.

Nystedt v. Nigro

First Circuit -- US v. Murdock

Where deft was on his own (small) front lawn for an hour while officers conducted a search, he wasn't in custody -- non-Mirandized statement is admissible.

No abuse of discretion in allowing tape of phone call without establishing identity of caller where caller identified self & demonstrated knowledge of many things.

No clear error in ACCA sentencing - the names were different on the paperwork for the priors, but it could have been a scrivening error.

US v. Murdock

First Circuit -- Truczinskas v. Director, OWCP

Statutory judicial review of claims under the Defense Bases Act is proper to the Circuit Court, not the District Court (Circuit split flagged.)

Claimant didn't carry proof of non-suicide by a preponderance.

Depressing read.

Truczinskas v. Director, OWCP
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.