Wednesday, September 21, 2011

Tech issues...


Serendipitously, tech issues have appeared just as I decided to abandon this for the evening.  Rest of the 7th, 8th, 9th, 11th & Fed. Ct. posted tomorrow.    ###

Seventh Circuit -- Bruce McCree v. Lieutenant Grissom

Multiple motions and claims based on denial of access to the courts TKO'd since prisoner was able to file multiple motions and claims.

Bruce McCree v. Lieutenant Grissom

Sixth Circuit -- Lucius Crump v. Blaine Lafler

Michigan's parole system does not create a liberty interest in expected parole given uncertainty & discretion.

Dissent - Statutory presumption that parole will be granted to high-probability candidates.

 Lucius Crump v. Blaine Lafler

Third Circuit -- Minard Run Oil Company v. US Forest Service

District Court injunction upheld barring the Forest Service from holding off on drilling permits until environmental impact study is completed.

Minard Run Oil Company v. US Forest Service

Second Circuit -- Red Earth LLC v. USA

No abuse of discretion in preliminary injunction barring implementation of tobacco excise measure.


Red Earth LLC v. USA

Second Circuit -- United States v. Thomas Archer

No error in instruction on knowledge of visa fraud by attorney - general knowledge instruction did not prompt jury towards implying actual knowledge given small size of solo practitioner's office.

No error in denial of instruction that atty's are not held to a higher standard of truth-seeking with respect to client statements.

Sufficient evidence for the jury to find that attorney knew of visa applications.

Error in hundred document, & obstruction of justice sentencing bumps.


United States v. Thomas Archer
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.