Tuesday, April 16, 2013

Monday's Opinions -- Short Form

First Circuit -- 

Craker v. DEA  -- Administrative law; Medical Marihuana

Rosenthal v. O'Brien  -- Crim - ineffective assistance at trial & appeal for insufficient waiver of right to testify
 Freeman v. Town of Hudson  -- No S1983 claim from municipality actions to enforce restrictions on land use (unauthorized treehouse)
Rios-Pineiro v. US  -- Tort suit against gov't by terminated employee; administrative board's findings bind by collateral estoppel.

Second Circuit -- 

United States v. Douglas -- Sentencing --- above-guidelines sentence substantively reasonable

Fourth Circuit -- 

Village of Bald Head Island v. U.S. Army Corps of Engineers   -- Alleged violations of agreement by Corps during development work are insufficiently final for APA review; Also insufficiently maritime for maritime jurisdiction.

US v. Donald Cone -- Sufficient evidence for counterfeiting trade goods, but material alteration of goods bearing a legit mark isn't covered by the criminal counterfeiting statute.

Fifth Circuit --

USA v. Mark Milan -- Crim -- Voir dire, public trial, probative/prejudicial questions on cross, sufficient evidence.  Error to sentence for both weapons possession and the weapons enhancement for the drug charge.

Anthony Carter v. Luminant Power Services Co.  -- S1983/88 No fee-shifting for mixed-motive retaliation claims.

Seventh Circuit -- 

USA v.   Ronald Zitt -- No error in denial of mistrial where police informant blurts out that he was in jail at the same time as the deft (interesting solution recommended -- judge counsels witness before testimony as to prohibited facts); Court invokes appeal waiver sua sponte (it wasn't in the Anders brief of withdrawing counsel) to TKO pro se appeal.

Torray Stitts v.   Bill Wilson  -- Strickland claim granted for insufficient investigation of alibi

Eighth Circuit -- 

Stanley Joseph v. Kenneth Allen -- Denial of S1983 claims based on police intervention in domestic dispute.

Ninth Circuit  --

USA V. GARRIDO  -- White collar crim - reversal of Honest Services under Skilling; Bribery conviction affirmed, as it doesn't require an official act.

FAYELYNN SAMS V. YAHOO! INC. -- ECPA -  data provider compliance with subpoena is protected by 'good faith compliance' statutory shield, despite open question as to whether it had a presence in the foreign state sufficient for jurisdiction.  

Tenth Circuit -- 

United States v. Lucero  -- Sentencing -- motion to reduce sentence doesn't require use of the new crack/cocaine minimums.

Spacecon Specialty Contractors v. Bensinger -- Union filmmaker had no actual malice and made a film on a matter of public concern - summary judgment on defamation claim affirmed.  Dissent: the actual malice is an issue for trial.

Eleventh Circuit -- 

Leticia Morales v. Zenith Insurance Company  -- Questions certified to Florida Supreme Court re: insurance, workman's comp.  SASE enclosed.

Merle Wood and Associates, Inc. v. Trinity Yachhts, LLC -- Statute of limitations -- clam for unjust enrichment/ quantum meruit accrues with provision of services (building of luxury yacht) not conferral of actual benefit (delivery of luxury yacht).

Next update tomorrow afternoon -- today's decisions and tomorrow's decisions, hopefully long form.

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.