Monday, June 17, 2013

Short Form: Monday

(Plus a couple from the DC Circuit late Friday.)

First Circuit:

US v. Van Bommel Duyzing  -- As the entire amount seized was in the caption of the warrant, omission of part of the sum from the details doesn't bar proper service.  Plaintiff didn't have sufficient ownership for standing to challenge the seizure of the bales of cash thrown off the boat.  Concur/Dissent: There was insufficient ownership to establish standing to challenge seizure of the cash found on the deft's person.
Joyce v. Town of Dennis, MA  -- Gender discrimination - No error in denial of punitive damages instruction; Court did not sufficiently weigh potential for future harm before denying injunctive relief; Reduction of fees was error.
US v. Ihenacho -- Fraud/ sentencing

Sixth Circuit:

James Daley, Jr. v. Ann Mostoller  -- Boilerplate agreement to lien on IRA did not vitiate bankruptcy protection for the IRA.

Seventh Circuit:

USA v.   Parnell Gulley -- FRE: Insufficient contemporaneous objection, so plain error review; Evidence as to prior bad acts went to impeachment; sentencing challenges.
Paul Villanueva v.   Keith Anglin -- Prisoner challenge to mandatory supervised release as a violation of the terms of the plea bargain; Untimely under AEDPA, as the clock ran from the mention of it in the plea colloquoy; Deft has the burden to establish that he/she thought that the prison term did not include suupervised release.

Eighth Circuit (From site):

122274P.pdf   06/10/2013  United States  v.  Shawn Mackey
   U.S. Court of Appeals Case No:  12-2274
   U.S. District Court for the District of South Dakota - Rapid City    
   [PUBLISHED] [Colloton, Author, with Bright and Loken, Circuit Judges]
   Criminal case - Criminal law. The district court did not err in applying
   the criteria set forth in Sell v. United States, 539 U.S. 166 (2003) when it
   granted the government's motion to medicate defendant involuntarily to
   restore his competency to stand trial.

126070P.pdf   06/10/2013  Felicia McIntosh  v.  John LaBarge, Jr.
   U.S. Court of Appeals Case No:  12-6070
   U.S. Bankruptcy Court for the Eastern District of Missouri - St. Louis    
   [PUBLISHED] [Saladino, Author, with Kressel and Shodeen,
   Bankruptcy Judges]
   Bankruptcy Appellate Panel. Order confirming debtor's Chapter 13
   plan over her objection is affirmed; where debtor concedes that one or
   more of her proposed additions to the plan were appropriately rejected,
   the concession is fatal to her appeal as a court must accept or reject a plan
   as a whole; contrary to debtor's assertions, the model plan form used in
   the Eastern District of Missouri does not infringe upon a debtor's
   substantive rights under the Code.

Ninth Circuit:

USA V. CHARLES GILLENWATER, II -- [Must-read] Deft has a constitutional and statutory right to testify at competency hearing, can only be waived by the deft personally.  If deft becomes disruptive, he must be warned of possibility of exclusion from hearing.  Testimony at comeptency hearing can only be used for impeachment.

Tenth Circuit:

United States v. Dunbar
United States v. Dyke

DC Circuit:

NRG Power Marketing, LLC v. FERC
Suburban Air Freight, Inc. v. TSA

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.