Wednesday, January 30, 2013

Seventh Circuit -- USA v. Raphael Patton

"Deer in headlights" look justified pat-down.

USA v. Raphael Patton

Seventh Circuit -- Eugene Crane v. Travis Crowell

Citation served on judgment debtor is a lien on their bank accounts under Illinois law.

Eugene Crane v. Travis Crowell

Sixth Circuti -- Vision Processing, LLC v. Christie Groves

Methods of proof and claim for pneumoconiosus.  (A disease miners get.)

Vision Processing, LLC v. Christie Groves 

Fifth Circuit -- USA v. Mark Snarr, et al

Direct appeal of capital sentence -- jury selection; lesser-included offense; aggravating factors; Death Penalty Act unconstitutional; improper exclusion of victim character evidence; funds for investigators.

[Don't kill.  MB]

USA v. Mark Snarr, et al

Fifth Circuit -- USA v. Land

Homeowners association did not suffer a Taking when members' properties were taken.

USA v. Land

Fifth Circuit -- John Brown v. Natl Railroad Passenger Corp.

Expert testimony insufficiently validated under Daubert.  Railway intersection sufficiently clear to justtfy summary judgment.

John Brown v. Natl Railroad Passenger Corp.

Fourth Circuit -- Ophelia De'Lonta v. Gene Johnson

Prisoner gender reassignment delay/denial sufficiently states a claim.

Ophelia De'Lonta v. Gene Johnson

Third Circuit -- Association New Jersey Rifle a v. Governor of the State of New J

As state gun control law regulates, as opposed to prohibits, no preemption by Federal prohibition.

Gun paperwork not so onerous as to imperil lifelibertyproperty.

Association New Jersey Rifle a v. Governor of the State of New J

Third Circuit -- Randy Mulholland v. Government County of Berks

Rogue caseworker doesn't make county liable under S1983.  Procedural & Substantive DP claims.

Randy Mulholland v. Government County of Berks

Third Circuit -- In Re: Diet Drugs

Whether Settlement Agreement barred a subsequent products liability suit.  No duty on court to reform Settlement Agreement.

In Re: Diet Drugs

Second Circuit -- McCoy v. United States

Prevailing professional norms for Habeas Ineffective Assistance are those prevailing at the time of the decision.  Later changes clarifying the law do not impose a retroactive duty on counsel to revisit his/her decisions.

McCoy v. United States

Second Circuit -- Secrest v. Merck, Sharp & Dohme Corp.

Expert witness in product liability -- sham issue of fact doctrine under Florida law.

Secrest v. Merck, Sharp & Dohme Corp.

Second Circuit -- Kirkendall v. Halliburton, Inc.

ERISA -- where Plan participant reasonably interprets Plan as not requiring administrative exhaustion, participant not required to administratively exhaust.  Also a plan-specific holding.

Kirkendall v. Halliburton, Inc.

Second Circuit -- Mary Jo C. v. New York State and Local Retirement System et ano.

Title II of the ADA does not apply to employment discrimination.  ADA standards can sometimes necessitate violating state law.

Mary Jo C. v. New York State and Local Retirement System et ano.

Second Circuit -- United States v. Dupree

State court order admissible - not hearsay - as it was offered to show that deft was on notice, not to prove the facts underlying the order.  Also a verbal act.

United States v. Dupree

Second Circuit -- Osterweil v. Bartlett

O'Connor pinch-hits, upholding certified question to NY Court of Appeals on handgun restrictions.

Osterweil v. Bartlett

Second Circuit -- Garcia v. Hartford Police Dep’t

Racial discrimination, 1A rights of public officials -- matters o' public concern vel non.

Garcia v. Hartford Police Dep’t

First Circuit -- US v. Kravetz

Disclosure request for docs in pending criminal case.  Sentencing memos are public documents.  Other documents, not so much -- special need showing required.

US v. Kravetz 

First Circuit -- US v. Figueroa

Crim -- Wiretap good, no error in denial of Franks hearing.

US v. Figueroa 

First Circuit -- Gerald v. University of Puerto Rico

Discrimination -- Title VII, retaliation, discharge, state claims.

Gerald v. University of Puerto Rico 

First Circuit -- US v. Guevara

Crim --- Conspiracy, affirmative defenses of withdrawal & entrapment.

US v. Guevara 
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.