Friday, October 07, 2011
Procrastination
4 more in the Eighth, 1 in DC Circuit, 1 in Federal Circuit. Monday.
Eighth Circuit -- Marcel Williams v. Ray Hobbs
No Ex Post Facto violation from increased punishment given Arkansas' removal of anesthesia from the list of substances to be administered at imposition of death penalty.
No Due Process violation in freedom accorded Corrections Dept. to vary procedures.
Marcel Williams v. Ray Hobbs
[Thou shalt not kill - TMB]
No Due Process violation in freedom accorded Corrections Dept. to vary procedures.
Marcel Williams v. Ray Hobbs
[Thou shalt not kill - TMB]
Labels:
Administrative Law,
Due Process claims,
Sentencing
Seventh Circuit -- Belinda Egan v. Freedom Bank
Fifth Circuit -- In Re: Cecil Bradford
Circuit has unreviewable jurisdiction over claim that a habeus claim was inappropriately recategorized and transferred to the Circuit.
2241 Petition appropriately categorized as a successive 2255 petition, as Circuit precedent holds that reclassification of predicate offenses is not a legitimate basis for a claim of "conviction of a nonexistent offense."
In Re: Cecil Bradford
Cecil Bradford v. Rebecca Tamez
2241 Petition appropriately categorized as a successive 2255 petition, as Circuit precedent holds that reclassification of predicate offenses is not a legitimate basis for a claim of "conviction of a nonexistent offense."
In Re: Cecil Bradford
Cecil Bradford v. Rebecca Tamez
Third Circuit -- Muhammad Malik v. Atty Gen USA
Third Circuit -- Sunoco Inc Subsid v. Comm IRS
Errors on overpayment interest are a matter for the Court of Federal Claims, not the (Article I) Tax Court.
Sunoco Inc Subsid v. Comm IRS
Sunoco Inc Subsid v. Comm IRS
Third Circuit -- Animal Science Prod Inc v. China Minmetals Materials Imports
First Circuit -- Rosciti v. Insurance Company
Where a Rhode Island company self-insures and then goes bankrupt during pendency of liability suit, contract term prohibiting supplementary insurer from contributing until the company's retained limit had been paid out is unenforceable as contrary to public policy.
Rosciti v. Insurance Company
Rosciti v. Insurance Company
First Circuit -- Goncalves v. Plymouth County
Summary judgment on plaintiff's state law discrimination and ADEA claims appropriate where plaintiff hasn't established she was qualified to do the job.
Goncalves v. Plymouth County
Goncalves v. Plymouth County
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