Eighth Circuit -- Rodney Boettcher v. Michael J. Astrue

Denial of Social Security benefits supported by substantial evidence.

Dissent: No it wasn't.


Rodney Boettcher v. Michael J. Astrue

Eighth Circuit -- United States v. Matthew Eric Linngren

Earlier criminal sexual conduct conviction can be predicate for pr0n sentencing enhancement if earlier charging documents establish relevant intent.

Dissent: Error to look to the probable cause part of the charging document.

United States v. Matthew Eric Linngren

Eighth Circuit -- Paula Dupont v. Fred's Stores of Tennessee

Waiver of contributory liability claim in pleadings does not foreclose introduction of relevant evidence of the plaintiff's actions.

No error in denial of res ipsa instruction.

Paula Dupont v. Fred's Stores of Tennessee

Eighth Circuit -- Vickie Fields v. Bill Abbott

Jail administrators entitled to qualified immunity from S1983 claim of state-created danger by guard hurt by inmates' actions.

Vickie Fields v. Bill Abbott

Eighth Circuit -- United States v. Christopher Carter

No procedural or substantive error in sentencing.

Dissent - error in calculation of guidelines range, sentence provision barring deft from working at banks was unreasonable.

United States v. Christopher Carter

Eighth Circuit -- United States v. Clifton Taylor

 Multiple denials of request for substitute counsel do not make a subsequent decision to go pro se involuntary.

United States v. Clifton Taylor

Eighth Circuit -- Green Tree Servicing v. Pillsbury-Landmark Towers

When a lease is cancelled in bankruptcy, a third party obliged by the terms of the lease to attorn to another entity upon its succession to the freehold is not so bound, as the lease is merely cancelled, and the entity does not separately succeed to the freehold.


Green Tree Servicing v. Pillsbury-Landmark Towers

Eighth Circuit -- United States v. Eric Kelley

Warrant for nighttime search did not violate 4A, as magistrate specifically authorized nighttime search.

Sentence not substantively unreasonable.

United States v. Eric Kelley

Eighth Circuit -- United States v. Randy Johnson, Jr

Court adopts "overwhelming or incontrovertible" standard for assessing whether evidence is sufficient to convict despite flawed jury instruction.

Circuit split flagged.

Dissent - Majority analyses without giving the gov't every favorable inference & presumption, as required by sufficient-evidence review.

United States v. Randy Johnson, Jr

Eight Circuit -- United States v. John Jefferson

Sufficient evidence for wire fraud.

Uncharged conduct can be used to calculate amount of loss for sentencing.

Restitution can exceed declared losses.  (Implies gains from uncharged conduct)

In-guidelines sentencing range not unreasonable.


United States v. John Jefferson

Seventh Circuit -- Yan Lin v. Eric Holder, Jr

When assessing credibility of claim of forced abortion, immigration officials should treat contrary evidence as a negative inference that may be overcome with additional corroboration.


Yan Lin v. Eric Holder, Jr

Sixth Circuit -- Philip Charvat v. NMP, LLC

 Federal courts have statutory jurisdiction under the Telephone Consumer Protection Act.

Damages sufficient for diversity jurisdiction.

Pendant state claim valid.

Invasion of privacy claim not barred as a matter of law.

Concurrence - Majority went too far into merits. 

Philip Charvat v. NMP, LLC

Sixth Circuit -- Maureen Hergenreder v. Bickford Senior Living Group

No binding arbitration requirement where agreement was in document referenced in employee handbook.

Maureen Hergenreder v. Bickford Senior Living Group

Sixth Circuit -- LaTasha Adams v. Karen Hanson

Absolute immunity for prosecutor in S1983 suit by witness detained for twelve days as a result of the prosecutor's representations to the judge.

LaTasha Adams v. Karen Hanson

Fifth Circuit -- Atif Rana v. Eric Holder, Jr.

An alien convicted of possessing 30g of marihuana can have the conviction waived for immigration purposes.  Once.

Sequence of events - conviction #1, waiver, adjustment of status, conviction #2, left country, refused readmission.

Atif Rana v. Eric Holder, Jr.

Fifth Circuit -- Gary Simmons v. Christopher Epps

Although there was insufficient evidence for the aggravating circumstance which permitted the death penalty, the error was harmless, as another potential aggregator was sufficiently in the record.

Exclusion of a video made immediately afterwards expressing remorse wasn't contrary to clearly established law.

[Thou shalt not kill.  TMB]

Gary Simmons v. Christopher Epps

First Circuit -- Delia v. Verizon Communications, Inc.

Errata.


Delia v. Verizon Communications, Inc.

First Circuit -- US v. Shields

Errata

US v. Shields

First Circuit -- US v. D'Andrea

Errata

US v. D'Andrea
US v. Jordan