Saturday, March 14, 2015

3/13 Short Form

Crick rose.  Links only for the nonce, possibly summaries Monday.  


First Circuit:

Vazquez-Baldonado v. Domenech  -- FRCP -  Where plaintiff has been given leave to amend complaint to state RICO cause of action, no second leave to amend need be given if they don't properly plead the predicate offenses in the Amended complaint.

US v. Gray -- Jury Instructions / Crim -- Definitions of Malice.

Fourth Circuit:

Fifth Circuit:

Sixth Circuit:

Seventh Circuit:

Eighth Circuit (summaries from Court):

133379P.pdf  03/13/2015  Branden Clark  v.  Leann Bertsch
   U.S. Court of Appeals Case No:   13-3379
   U.S. District Court for the District of North Dakota - Fargo   
   [PUBLISHED] [Melloy, Author, with Murphy and Benton, Circuit Judges] 
   Prisoner case - Habeas. There is an intra-circuit split on the issue of 
   whether a state appellate court's plain-error review of an unpreserved and 
   otherwise procedurally defaulted claim "cures" the default and open the 
   door for collateral review; following the earliest panel opinion, as the 
   court is required to do, the panel hold Hayes v. Lockhart, 766 F.2d 1247 
   (8th Cir. 1985) governs in the circuit; Hayes holds a federal habeas 
   cannot reach an otherwise unpreserved and procedurally defaulted claim 
   merely because a reviewing state court analyzed that claim for plain 
   error; the district court's judgment dismissing the habeas petition is 

141094P.pdf  03/13/2015  United States  v.  Ronnie Fire Cloud
   U.S. Court of Appeals Case No:   14-1094
   U.S. District Court for the District of South Dakota - Aberdeen   
   [PUBLISHED] [Melloy, Author, with Murphy and Benton, Circuit Judges] 
   Criminal case - Criminal law. Evidence was sufficient to support 
   defendant's convictions for abusive sexual contact and attempted 
   aggravated sexual abuse as the evidence was sufficient for a jury to infer 
   that he restrained the victim, thereby supplying each count's force 
Ninth Circuit:


Tenth Circuit:

Quinn v. Young
Eleventh Circuit:

John Lary v. Trinity Physician Financial & Insurance Services, et al

Federal Circuit:


DC Circuit:
Wilfred Rattigan v. Eric Holder, Jr.
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.