Eleventh Circuit -- HDI-Gerling America Insurance Company, v. Morrison Homes, Inc., et al

Questions certified to Georgia Supreme Court - insurance litigation

HDI-Gerling America Insurance Company, v. Morrison Homes, Inc., et al

Eleventh Circuit -- City of Atlanta v. City of Sandy Springs

Federal District court can't bar state court proceedings under Anti-Injunction Act, as the water supply consent decree at issue is fundamentally in personam - it doesn't give general jurisdiction over the res of the pipes.

No supplemental jurisdiction under 1367 - different set of facts.

City of Atlanta v. City of Sandy Springs

Ninth Circuit -- USA V. MOISES CATALAN

Sentencing Commission ruled that a certain cutoff doesn't generally include probation revocation after illegal re-entry - this is a clarification, not a change, and therefore applies in the instant case.

USA V. MOISES CATALAN

Ninth Circuit -- KAREN SLATER V. HAROLD CLARKE

Absolute immunity for prosecutorial extradition decisions.

(Non-extraditee murdered people after issuance of a limited extradition request.)

KAREN SLATER V. HAROLD CLARKE

Ninth Circuit -- USA V. MARCELINO OSEGUERA-MADRIGAL

No obligation to inform petitioner of waiver for marijuana crimes when the conviction was for cocaine.

Within guidelines sentence reasonable.

Parephenalia counts for drugs as far as immigration predicate offenses go.

USA V. MARCELINO OSEGUERA-MADRIGAL

Seventh Circuit -- Elliot Ray v. Marc Clements

"Prison mailbox rule" applies to toll AEDPA one year SOL for purposes of a Wisconsin state filing.  (Private prison, incidentally, though apparently not discussed- quick skim)

(Long read.)

Prisoner has burden of production, but state must still carry ultimate burden, despite the fact that it's an affirmative defense.

Concur/dissent:

Petitioner should bear ultimate burden on the affirmative defense

No clear error in lower court decision contrary on merits.

Elliot Ray v. Marc Clements

Fourth Circuit -- Adriano de Almeida Viegas v. Eric Holder, Jr.

Remand to trial court for sentencing after Scotus vacate & remand on crack/cocaine FSA disparity.

Adriano de Almeida Viegas v. Eric Holder, Jr.

Fourth Circuit -- US v. Curtis Edmonds

No error in BIA finding that petitioner was member of a designated organization, as there is no burden on BIA to prove which faction petitioner was a part of.

Putting up posters and paying dues is enough.

Petitioner's general knowledge that the organization is violent suffices.


US v. Curtis Edmonds