An only-apparently arcane and metaphysical question certified to Wisconsin's highest state court asking whether a certain offense is divisible, i.e., whether the jury must unanimously agree on the section of the law that was violated. Bonus: thorough and courteous explanation of ACCA.
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D07-17/C:16-1872:J:PerCuriam:aut:T:opGr:N:2188135:S:0
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.
Sixth Circuit: United States v. Ramess Nakhleh
The loud and unusual noises in a post office that are prohibited by law are determined by the usual decorum and operation of the post office, as opposed to what might be loud or unusual for the person; sufficient evidence that the deft was loud and unusual; no plain error in refusal to consider an audio recording where that recording only covers part of the incident in question.
http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0143p-06.pdf
http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0143p-06.pdf
Sixth Circuit: Tyganda Gilmore v. David Ebbert
A prisoner seeking habeas relief from an unlawful detainer must seek habeas against the jurisdiction holding the detainer against his or her future release, not the jurisdiction of present incarceration.
Sixth Circuit: United States v. Malik Farrad
Sufficient evidence for the finder of fact to have determined that the gentleman in the Facebook photos with the gun was the deft.
Social media photos are not self-authenticating business records, but there is no need for the identity of the page to be established -- the identity of the subject of the photo is a matter for the finder of fact, and are admissible so long as there is sufficient evidence that they are what they appear to be.
Shaky qualifications for expert testimony on Facebook photo-posting habits of suspects ultimately harmless.
Predicate offenses properly counted for sentencing where each is defined as happening on or about a certain day, despite being connected by a common conspiracy.
No plain error in counting convictions in absentia as predicate convictions.
Sentence increase due to predicate offenses didn't need to be separately charged.
Warrant not defective when it identifies the Facebook data as present in the jurisdiction.
Year and a half delay after service of warrant on FB didn't invalidate the warrant.
Execution of warrant outside of district not plain error, cf. 2703(A).
http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0141p-06.pdf
Social media photos are not self-authenticating business records, but there is no need for the identity of the page to be established -- the identity of the subject of the photo is a matter for the finder of fact, and are admissible so long as there is sufficient evidence that they are what they appear to be.
Shaky qualifications for expert testimony on Facebook photo-posting habits of suspects ultimately harmless.
Predicate offenses properly counted for sentencing where each is defined as happening on or about a certain day, despite being connected by a common conspiracy.
No plain error in counting convictions in absentia as predicate convictions.
Sentence increase due to predicate offenses didn't need to be separately charged.
Warrant not defective when it identifies the Facebook data as present in the jurisdiction.
Year and a half delay after service of warrant on FB didn't invalidate the warrant.
Execution of warrant outside of district not plain error, cf. 2703(A).
http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0141p-06.pdf
Sixth Circuit: Heidi Hostettler v. College of Wooster
There is an issue for trial when a plaintiff claiming disability or gender discrimination claims that she can perform all required work within a shorter amount of time; absent a showing to the contrary, the task is not necessarily defined by the number of hours required.
Employer can be estopped from claiming that the amount of leave taken exceeds that protected by the Act when the employee relies to her detriment on an assertion to the contrary, presenting an issue for trial.
http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0140p-06.pdf
Employer can be estopped from claiming that the amount of leave taken exceeds that protected by the Act when the employee relies to her detriment on an assertion to the contrary, presenting an issue for trial.
http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0140p-06.pdf
Fifth Circuit: Robert Furlough v. Lowell Cage
Amended opinion after motion for panel rehearing.
http://www.ca5.uscourts.gov/opinions/pub/17/17-20603-CV1.pdf
http://www.ca5.uscourts.gov/opinions/pub/17/17-20603-CV1.pdf
Fifth Circuit: Patrick Collins, et al v. Steven Mnuchin, Secretary
Minority shareholders have standing to challenge the structure of the federal agency empowered to wind-down or place in conservatorship financial institutions when those voting shareholders lose economic rights due to the agency's policies.
The single-director structure of the agency, combined with the lack of a bipartisanship requirement and a funding procedure outside normal appropriations, unconstitutionally insulates the agency from Presidential control, as the President is unable to ensure the execution of the laws.
Most prudent remedy is the removal of the requirement that removal of the agency head only be for cause.
Dissent: Executive has a voice, Congress has oversight hearings.
Dissent (@judgewillett) Valid delegation of Congressional power; obligations legally imposed on a conservator are the best protection for the economic rights of the shareholders
http://www.ca5.uscourts.gov/opinions/pub/17/17-20364-CV0.pdf
The single-director structure of the agency, combined with the lack of a bipartisanship requirement and a funding procedure outside normal appropriations, unconstitutionally insulates the agency from Presidential control, as the President is unable to ensure the execution of the laws.
Most prudent remedy is the removal of the requirement that removal of the agency head only be for cause.
Dissent: Executive has a voice, Congress has oversight hearings.
Dissent (@judgewillett) Valid delegation of Congressional power; obligations legally imposed on a conservator are the best protection for the economic rights of the shareholders
http://www.ca5.uscourts.gov/opinions/pub/17/17-20364-CV0.pdf
Fifth Circuit: USA v. Christian Winchel
Appeals waiver did not bar appeal of restitution, as restitution in excess of proximately caused harms exceeds the statutory maximum punishment. Sentencing court must establish statutory proximate causation for losses before imposing restitution, else, plain error.
http://www.ca5.uscourts.gov/opinions/pub/16/16-11208-CR0.pdf
http://www.ca5.uscourts.gov/opinions/pub/16/16-11208-CR0.pdf
Third Circuit: USA ex rel. Donald Palmer v. C&D Technologies Inc
District court did not err in reducing fee award below the level requested by another party; as it was opposed, the court did not act sua sponte, and courts frequently award fees according to prevailing rates as established by extrinsic evidence.
No abuse in limiting fees for deposition, given the interest in reducing the crowds of lawyers there.
Remanded for the District court to consider whether the Relator is owed fees for the present action for fees.
http://www2.ca3.uscourts.gov/opinarch/172350p.pdf
No abuse in limiting fees for deposition, given the interest in reducing the crowds of lawyers there.
Remanded for the District court to consider whether the Relator is owed fees for the present action for fees.
http://www2.ca3.uscourts.gov/opinarch/172350p.pdf
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