Crick rose. Links only for the nonce, possibly summaries Monday.
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.
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 affirmd.
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 requirement.Ninth Circuit:Tenth Circuit:Eleventh Circuit:Federal Circuit:DC Circuit: