Eleventh Circuit: USA v. Jerry Thomas Davis

Identifying witness as Chaplain did not violate FRE 610 barring religious/credibility identifications.

No need for contemporaneous renewal of objection.

Second modified Allen charge permissible, as it was noncoercive and an informal timeline was suggested.

Concurrence: Chaplain was merely identified as such, no great show made of it.

USA v. Jerry Thomas Davis

Tenth Circuit: United States v. Robinson

Deft's delay in challenging conviction, even prior to retaining second counsel, forecloses Coram Nobis relief.

United States v. Robinson

Tenth Circuit: United States v. Trotter (Mardell)

Anders application by counsel to withdraw from futile appeal granted.

Challenges foreclosed by earlier holding in the case -- although that opinion was vacated by Scotus, the vacatur was prompted by a separate issue and the deft did not timely challenge.

United States v. Trotter (Mardell)

Ninth Circuit: BYRON CHAPMAN V. PIER 1 IMPORTS

Cluttered aisles at Pier 1 Store violated ADA.

Handicapped accessible sales counter was not visited often enough to establish the clutter - summary judgement on that reversed.

BYRON CHAPMAN V. PIER 1 IMPORTS

Ninth Circuit: ROBERT YOUSEFIAN V. CITY OF GLENDALE

Given that romantic relationship between police officer and plaintiff's wife began after plaintiff's wife gave him the incriminating evidence, probable cause was not undermined.

Given bleeding victim, sufficient probable cause for arrest.

ROBERT YOUSEFIAN V. CITY OF GLENDALE

Eighth Circuit: United States v. Adam Lawin

No error, as sentencing court was not compelled to consider a pending amendment to the relevant Guidelines.

No error in denial of continuance for sentencing hearing.

Dissent: So file for the sentence reduction under the retroactive rule in a collateral challenge already.  Remand, don't affirm.

United States  v.  Adam Lawin

Eighth Circuit: United States v. Thomas Riehl

No error, as sentencing court was not compelled to consider a pending amendment to the relevant Guidelines.

Dissent: So file for the sentence reduction under the retroactive rule in a collateral challenge already.

United States  v.  Thomas Riehl

Eighth Circuit: United States v. Travis Peeler

Breadth of evidence in conspiracy case established that the drug buyer-seller relationship went beyond mere buyer-seller and became sufficent to establish an ongoing conspiracy.

United States  v.  Travis Peeler

Eighth Circuit: John Allard v. Tonia Baldwin

S1983 Prisoner medical challenge.

While it might have been medically negligent, treatment did not rise tot he level of deliberate indifference.

John Allard  v.  Tonia Baldwin

Sixth Circuit: Kathryn Pollard v. City of Columbus, Ohio

S1983 suit after deadly shooting of suspect by police.

Court has jurisdiction to rule on denial of qualified immunity via interlocutory appeal, as there are no contested facts.

Denial of qualified immunity for police officers was error, as they had reason to believe that he might have a concealed weapon, and given his sudden movement inside of car at the end of the car chase.

Kathryn Pollard v. City of Columbus, Ohio 

Sixth Circuit: Todd Rochow v. Life Ins. Co. of North America

Where plaintiff is made whole by reversal of ERISA decision, further statutory relief by means of equitable disgorgements of profits is unnecessary and duplicative.

Concurrence: absent formal remand after earlier appeal, subsequent litigation of subsidiary issues in the lower court might have been barred by the Mandate Rule.

Concur/Dissent: Case for disgorgement not proven.

Dissent: Breach of Fiduciary Duty claim was distinct from Denial of Benefits claim, and the second injury justifies the second relief.

Todd Rochow v. Life Ins. Co. of North America 

Fourth Circuit: Mounia Elyazidi v. SunTrust Bank

State debt collection writ does not violate the FDCPA (notices with unspecific fee award amounts, incidental disclosure of SSN during litigation)

Claims that notices to deft violated FDCPA not barred from federal review under Rooker-Feldman, as the court isn't addressing the merits of the award, but the congruence of notice with statute.

Mounia Elyazidi v. SunTrust Bank

Fourth Circuit: Shermaine Johnson v. Henry Ponton

Habeas challenge to life without parole sentence is justicable, even where a "three strikes" law would likely result in the same sentence anyway.

Scotus holding barring life without parole sentences for defts who were juveniles at the time of the offense is not retroactive to challenges on collateral review.

Application of the rule to a companion case is not an express statement that the rule is retroactive.

As Scotus holding was not a categorical bar, the ruling was procedural, not watershed.  (Teague)

Shermaine Johnson v. Henry Ponton

Second Circuit: Ministers & Missionaries v. Snow

Question certified to NY Court of Appeals:  Whether either common law or statutory New York choice of law rules (as well as New York substantive law) apply to contracts that opt for New York law but are not executed under the Large Contract Statute.

Ministers & Missionaries v. Snow

First Circuit: US v. Moran-Calderon

No error in calculating of restitution amount.

The creation of a payment schedule has to be done by the Court - it can't be delegated to probation officer.

US v. Moran-Calderon 

First Circuit: US v. Medina

Failing to register as an offender is not itself a s-- offense under the Guidelines.

Plain error in post-release sentencing conditions.

US v. Medina 

First Circuit: Rodriguez-Delgado v. Aero Investment Corp

(Souter)  Negligence

No error in summary judgment against plaintiff, as even if facts as pleaded were established, there would be insufficient proof that they caused the harm.

Rodriguez-Delgado v. Aero Investment Corp