Tuesday, May 28, 2013

Rest of Tuesday


USA v.   William Martin 
Daryise Earl v.   Racine County Jail

Eighth (From site, with edits):

121583P.pdf  05/28/2013  David Meyer  v.  U.S. Bank National Assoc.
   U.S. Court of Appeals Case No:   12-1583
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Colloton, Author, with Loken and Bright, Circuit Judges]
   Civil Case - diversity. District court's grant of summary judgment to
   bank is affirmed, as all claims against the bank were released in
   forbearance agreements and agreements were not void because of any
   duress caused by alleged forgery. The alleged forgery was immaterial to
   the claim.
121956P.pdf  05/28/2013  Robert Kramer, III  v.  National Credit Systems
   U.S. Court of Appeals Case No:   12-1956
   U.S. District Court for the Southern District of Iowa - Davenport   
   [PUBLISHED] [Colloton, Author, with Loken and Melloy, Circuit Judges]
   Civil Case - Computer Fraud and Abuse Act. After a bench trial,
   judgment in favor of National Credit Systems on claim it conducted a
   spam e-mail campaign that harmed Kramer's business is affirmed. 
   District court findings that NCS principals testimony were more credible
   are not clearly erroneous. Documentary evidence did not contradict
   testimony. District court did not err in concluding that NCS salesmen
   were independent contractors, not employees, as sales force was not
   obliged to follow manual or accept direction from principals and weight
   of evidence establishes an independent contractor arrangement.
122175P.pdf  05/28/2013  United States  v.  Rodney Goodwin
   U.S. Court of Appeals Case No:   12-2175
   U.S. District Court for the District of North Dakota - Bismarck   
   [PUBLISHED] [Benton, Author, with Smith and Melloy, Circuit Judges]
   Criminal Case - conviction. District court properly denied Rule 29
   motion for judgment of acquittal, as sufficient evidence was presented to
   support jury verdict for attempting transportation of a minor with intent to
   engage in s activity under 18 USC 2423(a), evidence supported that
   defendant acted with intent to engage in s activity for which any
   person could be charged with a criminal offense, and defendant could
   have been charged under North Dakota law. Although insufficient
   evidence was presented to support an intent to create pr0n,
   alternative jury instruction supports conviction. District court did not
   plainly err in submitting entire statute, even though only part applied to
123152P.pdf  05/28/2013  United States  v.  Robin Brooks, Jr.
   U.S. Court of Appeals Case No:   12-3152
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Gruender, Author, with Loken, Circuit Judge, and
   Phillips, District Judge]
   Criminal Case - conviction. Need not determine whether cell phone is a
   container for purposes of automobile exception to warrantless search
   because subsequent warrant was an independent source for the evidence
   and independent source requirements were met. District court did not
   abuse its discretion in admitting evidence of cell phone photos and video
   because evidence was intrinsic to charged crimes of bank robbery and
   firearm possession offenses. Admission of evidence from GPS tracking
   device was not an abuse of discretion; courts may take judicial notice of
   the accuracy and reliability to GPS technology, proper foundation was
   laid, business records exception to hearsay rules applied and
   confrontation clause did not apply as the GPS reports were non-
   testimonial. Denial of motion for mistrial based on violation of the
   sequestration order was not an abuse of discretion. Judgment of acquittal
   was properly denied, as there was more than sufficient evidence to
   support bank robbery gun possession convictions. 
11-1314 -- Tenneco, Inc. v. NLRB

11-5264 -- Brian Davis v. US Sentencing Commission

12-1129 -- Assoc. of Battery Recyclers v. EPA

12-1337 -- Comcast Cable Communications, v. FCC

12-1339 -- Morpho Detection, Inc. v. TSA

12-5095 -- Sierra Club v. Department of Agriculture
Apologies for the list at the end.  "Either rain, or snow, or heat, or 
gloom of night. . ."
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.