Showing posts with label Sufficient Evidence. Show all posts
Showing posts with label Sufficient Evidence. Show all posts

Tuesday, March 17, 2015

Short Form: 3/17

Balance of summaries TK.  - MB

First Circuit:

US v. Gray  -- Amended opinion. [cf. https://youtu.be/EBHLcBxQZiM ]

United States v. Brigham and Women's Hospital  -- FRCP: JMOL 50(b) motion can only restate those grounds raised in a 50(a) motion (failure to argue insufficient evidence at the wrap-up of the other side's case means that you can't argue insufficient evidence after the case is decided); sufficient evidence for finder of fact to rule for deft, even when deft calls no expert witnesses; In ruling on a Motion for a New Trial, court need not individually re-weigh evidence, but need only conclude that the finder of fact could reasonably decided as they did; No abuse of discretion in case (without written explanation) not being reassigned on remand, despite standing court rule to the contrary; Hard data underlying expert witnesses' findings can be inadmissible hearsay; No abuse of discretion in allowing Relator to be questioned as to his financial motives for bringing the FCA suit; No reversible error in jury instructions or special verdict form that divided liability findings between the defts.

US v. Rossignol  Sentencing: No procedural error in within-guidelines drug conspiracy sentence not reduced due to deft being senior, upstanding member of the community where court says that it is increasing the sentence due to the fact that the deft was a senior, upstanding member of the community.

Second Circuit:

Fischer v. Smith -- AEDPA: State Court still entitled to double deference on Ineffective Assistance claim resolved briefly and in the alternative. 

Fourth Circuit:

Roman Zak v. Chelsea Therapeutics International  -- Securities; FRCP:  Sufficient context-intensive strong inference of scienter in pleadings, given that the drug company left out a few hurdles to drug approval when talking to investors; Error in allowing court to take judicial notice of internal SEC documents showing that the defts did not transact the stock during the period in question was not harmless.

US v. Jorge Cornell  -- RICO, Sufficient Evidence.

Oteria Moses v. Cashcall, Inc -- Bankruptcy, Arbitration -  Court did no err in retaining piece of Bankruptcy action in face of compelled arbitration.

Fifth Circuit:

USA v. Kendrick Fulton -- Prisoner litigation - petition was second/successive.

Sixth Circuit:

Brenda Colosi v. Jones Lang LaSalle Americas, Inc.   Discovery/Fees: Where one party delivers actual computer in response to demand for computer files, the court does not err in listing the required technical services as costs that can be potentially shifted against the party if otherwise prompted.

Eighth Circuit: (Summaries from Circuit website)


133252P.pdf  03/17/2015  Argonaut Great Central Ins.  v.  Audrain County Joint
   U.S. Court of Appeals Case No:   13-3252
   U.S. District Court for the Eastern District of Missouri - Hannibal   
   [PUBLISHED] [Bye, Author, with Colloton and Gruender, Circuit Judges] 
   Civil case - Torts. The court had jurisdiction in this interlocutory 
   appeal over the question of whether defendant's purchase of insurance 
   waived the common law sovereign immunity it might otherwise have under Mo. 
   Rev. Stat. Sec. 537.600; the court lacked jurisdiction to address the 
   question of whether defendant's purchase of insurance also waived any 
   statutory immunity it might have under Mo. Rev. Stat. Sec. 190.307 as a 
   911 call center, as that statute does not extend to defendant a 
   substantive right to be free from the burdens of litigation; the district 
   court did not err in determining that defendant did not present sufficient 
   evidence that it and its insurer had a pre-existing agreement to attach a 
   sovereign immunity endorsement to the insurance policy and made a mutual 
   mistake when they failed to do so; the district court did not err, 
   therefore in determining defendant waived the common law sovereign 
   immunity provided by Sec. 537.600 through the purchase of insurance. 
  
141659P.pdf  03/17/2015  United States  v.  Anthony Bearden
   U.S. Court of Appeals Case No:   14-1659
   U.S. District Court for the Western District of Missouri - Springfield   
   [PUBLISHED] [Kelly, Author, with Bye and Shepherd, Circuit Judges] 
   Criminal case - Criminal law and sentencing. Defendant lacked standing to 
   challenge police officers' entry onto another individual's property and 
   the resulting seizure of evidence from that property; officers had a 
   reasonable, articulable suspicion that defendant was engaged in criminal 
   activity and his detention was justified; defendant consented to a search 
   of his home; the district court did not err in classifying defendant as a 
   career offender under Guidelines Sec. 4B1.1 as his Missouri conviction for 
   second-degree burglary qualified as crime of violence. 
  
142772P.pdf  03/17/2015  United States  v.  Bobby Clark, Jr.
   U.S. Court of Appeals Case No:   14-2772
   U.S. District Court for the District of Nebraska - Lincoln   
   [PUBLISHED] [Per Curiam - Before Loken, Smith and Colloton, Circuit 
   Judges] 
   Criminal case - Sentencing. No error in imposing enhancements under both 
   Guidelines Sections 2G2.1(b)(2)(A) and 2G2.1(b)(4) as application of both 
   enhancements is not impermissible double counting; alternatively, the 
   court clearly stated it would impose the same sentence with or without the 
   enhancements, and any error in imposing them would be harmless. 
Ninth Circuit:
FAIRFIELD-SUISUN USD V. EDU-CA -- (Statutory) Standing: School Districts do not have implied right of action under IDEA.

Federal Circuit:

MOBILEMEDIA IDEAS LLC v. APPLE INC. -- Patent.

Wednesday, February 25, 2015

Second Circuit: United States v. George

No plain error in jury instruction that omitted mens rea element of the offense.

Sufficient evidence of harboring undocumented live-in worker.

No 8th Amendment Excessive Fine violation in forfieture.

United States v. George

Wednesday, December 26, 2012

Sixth Circuit -- USA v. Mario Washington


Sufficient evidence for the conviction.

No error in exclusion of witness conviction for theft of utility services, as not categorically a crimen falsi.

Jury questions on collateral matters appropriately unanswered.

Sentencing bump for obstruction of justice appropriately & constitutionally imposed after deft, in testimony at trial, denied committing the crime. 

Permanent injury to victim sentencing bump correcty imposed.

USA v. Mario Washington

Thursday, December 20, 2012

Eighth Circuit -- United States v. Anthony Akiti

Sufficient evidence that getwaway driver aided and abetted.  Reasonable jury could have found that given the contqacts before the crime, the aider/abettor knew the principal to be armed.

Sufficient evidence for obstruction, given conversations with wife.


United States  v.  Anthony Akiti

Wednesday, December 19, 2012

Fourth Circuit -- US v. Carter Tillery


Theft of $40 from dry cleaners satisfies Hobbs Act robbery jurisdictional predicate, as it depleted the assets of an interstate business.

Sufficient evidence, given the witness ID.

Jury instructions asking for unanimous verdict in order to avert mistrial don't violate rule against court inquiring into the vote.

Intentional flight form law enforcement counts as violent crime for sentencing.

US v. Carter Tillery

Monday, December 17, 2012

First Circuit -- US v. Burgos


Insufficient evidence that deft willingly joined conspiracy.  Remanded with instructions to acquit.


US v. Burgos

Thursday, December 06, 2012

Eighth Circuit -- United States v. Randeep Mann

Absence of a sitting grand jury in the jurisdiction automatically converts Speedy Trial Act 30 day indictment clock to a 60 day clock.

One set of counts passes Blockberger test, since interstate commerce term is different in the two statutes; another passes, as one statute requires certain property to be in the US; a third does not, as effective date of statute is an affirmative defense, not an element. 

Possessing illegal machine gun is not multiplicitous with not registering (illegal) machine gun.  Circuit split flagged.

Bill of particulars did not constructively amend indictment.

Joinder proper, except for charge relating to grenades purchased seven years before and not used.  No prejudice, though.

Sufficient evidence.

Evidence at trial not variance from indictment.

No error in murder sentencing bump, as the grenade bomb was intended to do precisely that.

Head of the state medical board - an organization not funded by the state - is a state officer for purposes of sentencing bump.

Allegation in PSR insufficient to impose sentencing bump.

Error in imposing sentencing bump for altered serial numbers, as grenades don't have serial numbers.

Concur/Dissent - no proof that the car used was also used in interstate commerce.


United States  v.  Randeep Mann

Monday, December 03, 2012

EIghth Circuit -- United States v. Efrain Orozco

As the policeman was filling out paperwork, Terry stop not unreasonably prolonged.

Sufficient evidence for constructive possession theory of conviction.

Remand for FSA adjustment in sentence - Act was passed after conviction, but before sentencing - as pro se petition insufficiently developed facts.

United States  v.  Efrain Orozco

Monday, November 26, 2012

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

Wednesday, October 19, 2011

Ninth Circuit -- USA V. WILKES

Remand to determine if deft's witness should have been granted use immunity.

No Brady violation, as not material.

Denial of many prosc. misconduct claims.

Quid pro quo bribery and misrepresentation satisfy Skilling's narrowing of honest services.

Sufficient evidence?kosher jury instructions for money laundering.


USA V. WILKES

Fifth Circuit -- USA v. Roberto Zamora, et al

 Informant tip and surveillance information provided reasonable suspicion for traffic stop.

No error in denial of venue instruction. (Conspiracy)

Sufficient evidence on conspiracy - past owner of car was member, fingerprints and forensic evidence on notebook.

Sufficient evidence for use of a firearm in furtherance, as the gun was loaded.

No error in denial of mistrial after testimony that deft had a criminal history.

USA v. Roberto Zamora, et al

Tuesday, October 18, 2011

First Circuit -- US v. Stergios

Sufficient evidence that bank was FDIC-insured where proof of such insurance predating offense and at time of trial.

Requesting mailed ATM cards that were later used fraudulently satisfies furtherance requirement of mail faud statute.

Ebay fraud justifies supervised-release restrictions on internet access.

Inclusion of 1.4m check in loss amounts (which doubled the guidelines range) was within court's discretion.


US v. Stergios

Thursday, October 06, 2011

Eighth Circuit -- United States v. Geff Yielding

Admittred statement neither hearsay nor confrontation clause violation.

No error in admitting evidence of prior bad acts.

Indictment not duplicitous.

Superseding indictment did not broaden initial indictment - no SOL issue.

No error in denial of hearing on evidence.

Representative of estate cannot waive attorney-client privilege against the interests of the estate.

No error in Obstruciton jury instruction.

Statute not too vague.

Evidence sufficient.

Several sentencing challenges - error in calculation of amount of loss to victims vs. benefit to deft.

United States v. Geff Yielding

Wednesday, October 05, 2011

ixth Circuit -- Tony Davis v. Blaine Lafler

Sufficient evidence for carjacking conviction.

No ineffective assistance, as not calling the witness might have been a strategic call.

Concur/Dissent - Evidentiary hearing on ineffective assistance could establish prejudice prong.

Dissent - Drinking a glass of water while looking through a window doesn't necessarily make one a "lookout."


Tony Davis v. Blaine Lafler

Wednesday, September 28, 2011

Sixth Circuit -- Olwen Moeller v. Garlock Sealing Technologies, LLC

Insufficient evidence that deft's asbestos gaskets were a substantial cause of plaintiff's mesothelioma.

Concurrence:  Jury's rejection of strict liability for not warning inconsistent with negligence finding for not warning.

Dissent: IT'S ASBESTOS.


Olwen Moeller v. Garlock Sealing Technologies, LLC

Ninth Circuit -- USA V. DONGFAN CHUNG

Sufficient evidence for espionage conviction.

No prejudice for Brady claim - the delay wasn't game-changing.

No Confrontation Clause error in not being able to cross gov't official who said the data were sensitive.

No error in introduciton of to-do list found in home.

Correct sentencing categories chosen.


USA V. DONGFAN CHUNG

Thursday, September 22, 2011

Second Circuit-- United States v. al Kassar

Statute barring conspiracy to kill Americans applies extraterritorially.

Jurisdictional nexus defined by aims of conspiracy.

Entrapment and unproved element challenges rejected.

No outrageous conduct in extended sting operation.

No error in denying pretrial hearing on jurisdictional defenses, as no material facts at issue.

No constitutional or legal error in barring classified evidence of prior good acts.

Conspiracy to acquire SAM's is a crime, since the statute uses the word conspiracy.

Authorization by undercover agents doesn't mean that the arms deal was approved by the US.

Both elements of statutory scienter were in the instructions, though not divided into two parts.

Evidence sufficient unto the conviction.


United States v. al Kassar

Wednesday, September 21, 2011

Second Circuit -- United States v. Thomas Archer

No error in instruction on knowledge of visa fraud by attorney - general knowledge instruction did not prompt jury towards implying actual knowledge given small size of solo practitioner's office.

No error in denial of instruction that atty's are not held to a higher standard of truth-seeking with respect to client statements.

Sufficient evidence for the jury to find that attorney knew of visa applications.

Error in hundred document, & obstruction of justice sentencing bumps.


United States v. Thomas Archer

Friday, September 09, 2011

Eighth Circuit -- United States v. Rodney L. Shrum

Sufficient evidence for filing false tax return.

Admission of gambling records not unduly prejudicial.

No substantive error in sentence.

United States v. Rodney L. Shrum
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.