Monday's Opinions -- Short Form

First Circuit -- 

Craker v. DEA  -- Administrative law; Medical Marihuana
Rosenthal v. O'Brien  -- Crim - ineffective assistance at trial & appeal for insufficient waiver of right to testify
 Freeman v. Town of Hudson  -- No S1983 claim from municipality actions to enforce restrictions on land use (unauthorized treehouse)
Rios-Pineiro v. US  -- Tort suit against gov't by terminated employee; administrative board's findings bind by collateral estoppel.

Second Circuit -- 

United States v. Douglas -- Sentencing --- above-guidelines sentence substantively reasonable

Fourth Circuit -- 

Village of Bald Head Island v. U.S. Army Corps of Engineers   -- Alleged violations of agreement by Corps during development work are insufficiently final for APA review; Also insufficiently maritime for maritime jurisdiction.
US v. Donald Cone -- Sufficient evidence for counterfeiting trade goods, but material alteration of goods bearing a legit mark isn't covered by the criminal counterfeiting statute.

Fifth Circuit --

USA v. Mark Milan -- Crim -- Voir dire, public trial, probative/prejudicial questions on cross, sufficient evidence.  Error to sentence for both weapons possession and the weapons enhancement for the drug charge.
Anthony Carter v. Luminant Power Services Co.  -- S1983/88 No fee-shifting for mixed-motive retaliation claims.


Seventh Circuit -- 

USA v.   Ronald Zitt -- No error in denial of mistrial where police informant blurts out that he was in jail at the same time as the deft (interesting solution recommended -- judge counsels witness before testimony as to prohibited facts); Court invokes appeal waiver sua sponte (it wasn't in the Anders brief of withdrawing counsel) to TKO pro se appeal.
Torray Stitts v.   Bill Wilson  -- Strickland claim granted for insufficient investigation of alibi

Eighth Circuit -- 

Stanley Joseph v. Kenneth Allen -- Denial of S1983 claims based on police intervention in domestic dispute.

Ninth Circuit  --

USA V. GARRIDO  -- White collar crim - reversal of Honest Services under Skilling; Bribery conviction affirmed, as it doesn't require an official act.
FAYELYNN SAMS V. YAHOO! INC. -- ECPA -  data provider compliance with subpoena is protected by 'good faith compliance' statutory shield, despite open question as to whether it had a presence in the foreign state sufficient for jurisdiction.  

Tenth Circuit -- 

United States v. Lucero  -- Sentencing -- motion to reduce sentence doesn't require use of the new crack/cocaine minimums.
Spacecon Specialty Contractors v. Bensinger -- Union filmmaker had no actual malice and made a film on a matter of public concern - summary judgment on defamation claim affirmed.  Dissent: the actual malice is an issue for trial.

Eleventh Circuit -- 

Leticia Morales v. Zenith Insurance Company  -- Questions certified to Florida Supreme Court re: insurance, workman's comp.  SASE enclosed.
Merle Wood and Associates, Inc. v. Trinity Yachhts, LLC -- Statute of limitations -- clam for unjust enrichment/ quantum meruit accrues with provision of services (building of luxury yacht) not conferral of actual benefit (delivery of luxury yacht).

Next update tomorrow afternoon -- today's decisions and tomorrow's decisions, hopefully long form.

-MB