Ninth Circuit -- USA V. LOMANDO SCOTT

When deft raises argument justifying dismissal but doesn't ask for the dismissal, deft does not waive the challenge.

Gov't sufficiently discussed automobile exception 4A theory before magistrate judge - not waived.

Automobile exception justified where deft was going in and out of the car prior to the search.

Concur in J:

Yes, but only because the lower courts never ruled clearly on the question of waiver.

USA V. LOMANDO SCOTT

Ninth Circuit -- MOUNT HOPE CHURCH V. BASH BACK!

Court can't award costs and fees under 45(c)1 for a bad subpoena absent bad faith, facially defective instrument, or significant cost to injured parties.


MOUNT HOPE CHURCH V. BASH BACK!

Eighth Circuit -- Leslie Montgomery v. Kyle Havner

Telephoning a supervisor to question a 10 minute variance in clockout time isn't a sufficient predicate for a FLSA retaliation claim.

 Leslie Montgomery  v.  Kyle Havner

Eighth Circuit -- United States v. Levonia T. Grey

Two eyewitnesses can be enough to establish illicit possession of a firearm.

United States v. Levonia T. Grey



 

Eighth Circuit -- United States v. Scott Boyle

Where jury convicted on one of two possible theories, and there was no explicit instruction that one theory was correct and the other not, their verdict must still be presumed to be on the legit theory if the illicit theory was later held to lack sufficient evidence.

No double jeopardy where the second theory is distinct.

Not showing explicit images to the audience isn't a closing of the trial.

Sufficient evidence.

United States v. Scott Boyle

Eighth Circuit -- United States v. Mark Shore

Uncharged bad acts for purposes of FRE 404 are in fact charged acts if they happened during the pendency of an alleged conspiracy.

Deft's admission during the search that he was unemployed, even though not disclosed pretrial, couldn't have swayed the verdict - no plain error in allowing.

Prosc witness calling heroin very dangerous didn't sway the trial.

Acknowledging the validity of the warrant doesn't close the door to prosc introducing CI testimony outside the confrontation clause if the deft is alleging inappropriate targeting in general by law enforcement.

Jury instruction didn't improperly track prosc witness testimony.

No plain error in sentencing.

United States  v.  Mark Shore

Eighth Circuit -- United States v. Damon LaRoche

Possible error in imposing a sentencing bump for using a 'dangerous weapon' when the deft bit someone was harmless, as the judge said that he would sentence in that range anyway.

United States  v.  Damon LaRoche

Seventh Circuit -- Hafsa Shaikh v. Eric H. Holder, Jr.

Asylum denial upheld - lower court's finding that the reason for persecution was not primarily political doesn't mean that the lower statutory requirement (one of the central factors) wasn;t met as well.
 
Hafsa Shaikh v. Eric H. Holder, Jr.

Seventh Circuit -- Jay Embry v. City of Calumet City

Supervisor of Streets and Alleys is a patronage job, as it relates to policymaking.  (Largely due to the size of the department.)  S1983 suit TKO'd.

Jay Embry v. City of Calumet City

Third Circuit -- In Re: Arthur Baldwin, et al v.

Mandamus denied for trial judge ruling limiting each side to 7.5h for presentation of evidence.  Collateral interlocutory appeal TKO'd earlier.  Issue for direct appeal.


In Re: Arthur Baldwin, et al