Eleventh Circuit -- Darwin Gilberto Ruiz-Turcios v. US Attorney General

Darwin Gilberto Ruiz-Turcios v. US Attorney General

Eleventh Circuit -- In re: Warren Lee Hill, Jr.

In re: Warren Lee Hill, Jr.

Eleventh Circuit -- USA v. Maurice LaShane Hamilton

USA v. Maurice LaShane Hamilton

Eleventh Circuit -- Kelvin Ortiz-Bouchet, et al. v. U.S. Attorney General

Kelvin Ortiz-Bouchet, et al. v. U.S. Attorney General

Tenth Circuit -- Al-Marri v. Davis

Al-Marri v. Davis

Ninth Circuit -- REDOIL v EPA

REDOIL v EPA

Ninth Circuit -- KEITH JAMERSON V. GAIL LEWIS

Batson/Habeas Review

 Federal collateral review can look at drivers licence photos, as they were available to the state courts .

State court holding that challenges were not pretextual was reasonable.

KEITH JAMERSON V. GAIL LEWIS

Ninth Circuit -- MICHAEL SCHWAB V. CIR

Tax -- cash surrender value (including charges) rather than market value should be used to tax life insurance disbursements after early termination of policy.

MICHAEL SCHWAB V. CIR

Eighth Circuit -- United States v. Joel Castillo

If someone gives you a box and tells you it's medicine for a friend in Maryland who will give you a few tacos in thanks for delivering it, that's sufficient evidence for a drug courier conviction.

No error in denial of mitigation in sentencing, as deft has the burden to establish small role.

Other sentencing challenges.

United States  v.  Joel Castillo

Eight Circuit -- United States v. Armon Thompson

No Public Trial violation from closure of courtroom during the testimony of one witness.

United States  v.  Armon Thompson

Eighth Circuit -- James Carmody v. K. C. Board of Police Comm.

FRCP --

Upholding of striking of plaintiff's affidavits due to discovery noncompliance.

Insufficient evidence to get past summary judgment without them, even with relaxed standards, given opponent's lax record-keeping.

James Carmody  v.  K. C. Board of Police Comm.

Seventh Circuit -- Claude Harrell, Jr. v. American Red Cross

Labor law -- injunction rescinding merit pay freeze sustained.  Denial of other relief reversed -- the intent of the statute is to restore the status quo ante.

Claude Harrell, Jr. v.   American Red Cross

Seventh Circuit -- William Rameker v. Brandon Clark

Inherited IRA's are not exempt from bankruptcy creditors.  Circuit split flagged.

William Rameker v.   Brandon Clark

Sixth Circuit -- Appalachian Reg'l Healthcare v. Coventry Health & Life Ins.

Challenge to expired injunction is moot.

Appalachian Reg'l Healthcare v. Coventry Health & Life Ins. 

Sixth Circuit -- Harold Wallace v. Midwest Fin. & Mortg. Serv.

Lender's allegedly inflated assessment of property was sufficiently proximate to petitioner's losses that a civil RICO claim is stated; State law conspiracy claims dismissed.

Harold Wallace v. Midwest Fin. & Mortg. Serv.  

Fifth Circuit -- RBIII, L.P. v. City of San Antonio

City's decision to demolish structure before providing notice to owners is entitled to deference and not subject to challenge unless arbitrary or an abuse of discretion.

Reversal for jury instructions that focused on the accuracy of the City's decision and not it reasonableness.

RBIII, L.P. v. City of San Antonio

Fourth Circuit -- US v. John McLean

Medical fraud statute not unconstitutionally vague.

Sufficient evidence for conviction under same.

US v. John McLean

Fourth Circuit -- Dario Suarez-Valenzuela v. Eric Holder, Jr.

Immigration / CAT

Substantial evidence for finding that the foreign government would not acquiesce to the torture of the petitioner.

Court applied willful blindness standard when considering likelihood of acquiescence, as it engaged in fact-based analysis, instead of looking for explicit acceptance of the conduct.

Dario Suarez-Valenzuela v. Eric Holder, Jr.

Third Circuit -- USA v. Albert Savani

Crack/cocaine sentencing -- when deft was sentenced below the statutory minimum pursuant to prosc. motion, deft can move for a reduction of sentence when the minimums are subsequently adjusted -- though vague, deft wins under Lenity.

Concurrence: No need to look to Lenity.

USA v. Albert Savani

Second Circuit -- John Wiley & Sons, Inc. v. Supap Kirtsaeng

Per curiam short reversal after Scotus remand.  Brief summary of Scotus holding on copyright/ first sale.

John Wiley & Sons, Inc. v. Supap Kirtsaeng

Second Circuit -- United States v. Lifshitz

After revocation of supervised release, sentencing court cannot lengthen the new sentence for rehabilitative needs.

Discussion of rehabilitation during sentencing is not proof that sentencing was a factor in the sentence length -- merely a prudent judicial practice.

United States v. Lifshitz

Second Circuit -- Young v. Conway

Concurrence/dissent from denial of en banc for Wade/4A claim.  A must-read.

Dissent 1: Fourth Amendment claims are barred from Habeas challenge unless there was no full and fair opportunity to litigate the question in the state court.  State interpretation was correct, in addition to not unreasonable.  Pinholster bars consideration of extrinsic social science evidence.  Circuit split alleged on whether Stone threshold is waivable.

Dissent 2: Yep.

Concurrence responds point by point.  Also points out that en banc is a high threshold.

Young v. Conway