Crim. Jurisdiction
A court retains jurisdiction over deft when deft is charged as minor but attains majority during the pendency of the proceedings.
No abuse of discretion in court's decision to try deft as an adult for crime committed five years ago, given continued misbehavior and lack of state rehabilitation facilities.
USA v. Leslie J. Woods
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.
Seventh Circuit: Katrell Morris v. USA
Habeas, AEDPA, Attempt, ACCA
Habeas grant for challenge to ACCA residual clause predicate. Although an unpublished decision of the Circuit has held the crime to be a valid predicate under another clause, it insufficiently considered the state's law of attempt.
Concur: Attempt as predicate should only require the attempt at an act that would itself satisfy all the elements.
Katrell Morris v. USA
Habeas grant for challenge to ACCA residual clause predicate. Although an unpublished decision of the Circuit has held the crime to be a valid predicate under another clause, it insufficiently considered the state's law of attempt.
Concur: Attempt as predicate should only require the attempt at an act that would itself satisfy all the elements.
Katrell Morris v. USA
Seventh Circuit: James Todd v. Kess Roberson
Habeas, Ineffective Assistance
Denial of ineffective assistance Habeas based on claim that deft's counsel had guaranteed a ten year sentence, as the deft stated in court that no deal had been made, and there was no showing that deft would have otherwise gone to trial.
James Todd v. Kess Roberson
Seventh Circuit: Richard Bell v. Cameron Taylor
FRCP, Res Judicata, Copyright
Where complaint states that deft used one of plaintiff's photos on a website, but in fact deft used another, deft is not required in the response to point out the error.
No error in denial of leave to amend.
Res judicata correctly barred the subsequent suit.
Copyright holder's stated price of photo insufficient to prove damages.
No error in denial of discovery, declaratory judgment.
Richard Bell v. Cameron Taylor
Fifth Circuit: Thomas Howell v. Town of Ball, et al
FRCP, S1983, First Amendment, FCA
Appeals court does not have jurisdiction over cross-appeal relating to a non-dismissed claim when hearing an interlocutory appeal on the dismissed claims.
Local police officer's cooperation with federal anti-corruption probe was outside of normal duties, so the firing was potentially in response to protected conduct, but the right was not clearly established at the time.
Non-final decisionmakers not liable for retaliation claim under S1983, but municipal liability claim here presents a genuine issue of material fact.
Amendment to FCA removing "employee" language was to allow contractors to file claims, not non-employees generally.
Thomas Howell v. Town of Ball, et al
Fifth Circuit: Richard Houten, Jr., et al v. City of Fort Worth
Statutory Construction
Reduction of pension benefits expected but as yet unearned does not violate provision in state constitution prohibiting reduction of pension benefits.
Opinion to the contrary by the state AG would be accorded only persuasive value by the state's highest court.
Richard Houten, Jr., et al v. City of Fort Worth
Second Circuit: United States v. Garavito-Garcia
International Law, Crim, Conspiracy, Double Jeopardy
Treaty language requiring release within thirty days if not extradited did not create a private right for the deft - the right belongs to the state party. Comity requires that US courts recognize the decision by the state party declining to uphold the claim.
Sufficient evidence, given taped conversations.
Court's supplemental "mere presence" instruction was a correct statement of the law of conspiracy.
Indictment not duplicitous, as one count requires providing assistance to a group that commits a terrorist act, and another requires providing assistance to a group listed as a terrorist organization.
United States v. Garavito-Garcia
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