Limited Service Continues

TK -- Two more in the 11th from last week, plus DC and Federal from last week.  Next update of the e'er rolling stream probably Monday.

MB

Eleventh Circuit -- USA v. Jason Dennis McGuire

O'Connor pinch-hits -- shooting in the direction of a police helicopter is statutorily an attempt to damage/destroy it, and categorically a crime of violence.

USA v. Jason Dennis McGuire

Eleventh Circuit -- Cynergy, LLC v. First American Title Insurance Company

Bank might have had knowledge of lack of access to property upon taking title, insurance claim by holder in possession therefore potentially invalid.

Affidavit might have been admissible, as notice provisions are keyed on fair warning.



Cynergy, LLC v. First American Title Insurance Company

Tenth Circuit -- Burnett v. Mortgage Electronic

Complaint does not set forth sufficient specific violations of FDCPA; same for state law claims.

Burnett v. Mortgage Electronic

Tenth Circuit -- United States v. Ruby

No statutory or common law bar to hearsay in sentencing proceeding at issue.

United States v. Ruby

Tenth Circuit -- United States v. Brody

Deft must provide relevant trial record for the appeal.

United States v. Brody

Ninth Circuit -- USA V. SAMUEL DAVIS

Even if same agency receives forfeiture and restitution, no double recovery.

Concur - scope of forfeiture here was perhaps broad, opinion not precedential for that.

USA V. SAMUEL DAVIS

Ninth Circuit -- JOSE LOPEZ-VASQUEZ V. ERIC H. HOLDER JR.

Subsequent state court revision of sentence to misdemeanor too ambiguous to qualify subsequent conviction under Federal First Offender Act.

Concur: Agency should reopen.

JOSE LOPEZ-VASQUEZ V. ERIC H. HOLDER JR.

Ninth Circuit -- REX CHAPPELL V. R. MANDEVILLE

Summary Judgment for prison guards on S1983 claim, as certain conduct prohibitions not clearly established.

Concur -- No DP violation in subjecting to "contraband watch"

Dissent -- No DP violation, but 8A is a closer question.

REX CHAPPELL V. R. MANDEVILLE

Ninth Circuit -- USA V. JOHN DOE

Crim - Public Authority affirmative defense ("they said I could") must be carried by a preponderance, no plain error in the relevant jury instruction; remand for Brady violation; procedural violations in sentence.

USA V. JOHN DOE

Ninth Circuit -- JESSICA KRAMER V. TOYOTA MOTOR CORPORATION

District Court had the authority to decide whether arbitration was required; Manufacturer cannot use estoppel to compel arbitration based on an agreement between dealer and purchaser -- insufficiently intertwined.

JESSICA KRAMER V. TOYOTA MOTOR CORPORATION

Ninth Circuit -- USA V. JORGE JESUS-CASTENEDA

Witness' disguise while testifying did not violate Confrontation Clause.

USA V. JORGE JESUS-CASTENEDA

Ninth Circuit -- BARRAGAN-LOPEZ V. HOLDER

California False Imprisonment ("you can check out any time you want....") is categorically a qualifying prior crime of violence for Immigration purposes.

BARRAGAN-LOPEZ V. HOLDER

Ninth Circuit -- MATILDE CARRILLO DE PALACIOS V. ERIC HOLDER, JR.

Immigration admissibility -- voluntary departure prior to an order of deportation is still a deportation; no error in retroactive application of precedent, as petitioner could not have relied on contrary precedent; BIA interpretation reasonable

MATILDE CARRILLO DE PALACIOS V. ERIC HOLDER, JR.

Ninth Circuit -- DICHTER-MAD FAMILY PARTNERS V. USA

Brief per curiam -- discretionary action exception to FTCA, denial of discovery.

DICHTER-MAD FAMILY PARTNERS V. USA

Eighth Circuit -- BSI Constructors v. Hartford Fire Insurance Co.

Faulty workmanship provision in policy barred recovery; no ambiguity raised by question of losses consequential to barred losses; no vexatious refusal to pay, as claim was stated.

BSI Constructors  v.  Hartford Fire Insurance Co.

Eighth Circuit -- Heubel Materials Handling Co v. Universal Underwriters Insurance

Duty to defend -- control of suit; insurer therefore not able to implead third party claim.

Heubel Materials Handling Co  v.  Universal Underwriters Insurance

Eighth Circuit -- United States v. Gilbert Crow Eagle, Jr.

Testimony as to prior bad acts properly admitted; past allegations appropriately precluded; no error in sentencing.

United States  v.  Gilbert Crow Eagle, Jr.

Eighth Circuit -- Raymond Kelley v. Centennial Bank

No abuse of discretion in Bankruptcy Court's holding that a requirement that the debtor abandon a property means that it should be conveyed to the bank, not that it should be released from the estate.

Raymond Kelley  v.  Centennial Bank

Eighth Circuit -- Moussa Fofana v. Eric H. Holder, Jr.

Due Process challenge to Immigration Law Judge adverse credibility finding requires proof that the ILJ completely disregarded a relevant fact -- bad balancing insufficient.

Moussa Fofana  v.  Eric H. Holder, Jr.

Eighth Circuit -- Michael Barrett, IV v. Donald Claycomb

Injunction against mandatory drug testing program TKO'd, since the challenge was on behalf of putative future participants, and therefore a facial challenge to the law -- sufficient likely success on merits therefore can't be established.

Michael Barrett, IV  v.  Donald Claycomb

Eighth Circuit -- Catherine Leapheart v. Tyrone Williamson

Legislative immunity for city council after modifying terms of vacant position in the middle of the search, since the reporting obligations were changed as well.

Catherine Leapheart  v.  Tyrone Williamson

Eighth Circuit -- United States v. Bryan Chappell

ACCA predicates committed on the same day are distinct.

United States  v.  Bryan Chappell

Eighth Circuit -- United States v. Ralph Frisch

No error in 25 month sentence for bilking the SSA for sham disability.

United States  v.  Ralph Frisch

Eighth Circuit -- United States v. Viengxay Chantharath

Crim -- prejudicial variance; 4A; limiting instructions; sentencing.

 United States  v.  Viengxay Chantharath

Eighth Circuit -- Natalia Karnatcheva v. JP Morgan Chase Bank

District court did not err in finding fraudulent joinder for diversity.

Iqbal threshold not reached by pleading's contention of note acceleration -- merits not reached.

Natalia Karnatcheva  v.  JP Morgan Chase Bank

Eighth Circuit -- United States v. David Foote

Misdemeanor possession of MJ counts as a prior that potentially disqualifies from safety valve sentencing relief.

United States  v.  David Foote

Eighth Circuit -- Purnie Peterson v. CitiMortgage, Inc.

To quiet title, you have to plead your possession in order to state a claim.

Purnie Peterson  v.  CitiMortgage, Inc.