More:
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Time=week&FromMonth=&FromDay=&FromYear=&ToMonth=&ToDay=&ToYear=&Author=any&AuthorName=&Case=any&CaseY1=&CaseY2=&CaseN1=&CaseN2=&CaseN3=&CaseN4=&Submit=Submit&RssJudgeName=Wood&OpsOnly=yes
http://media.ca8.uscourts.gov/cgi-bin/TodayOpn.pl
https://www.ca9.uscourts.gov/opinions/?pk_id=0000009531
https://www.ca10.uscourts.gov/clerk/opinions/daily
https://www.cadc.uscourts.gov/internet/opinions.nsf
http://www.cafc.uscourts.gov/opinions-orders
(NB all are dynamic links, and therefore potentially misleading.)
-CB
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: Loren Robinson v. Jeffrey Woods
A sentencing scheme relying in part on questions decided as a matter of law by the judge violates the right to a trial by jury; where the scheme sets a mandatory minimum beneath a fixed statutory maximum, the system is sufficiently determinate to be subject to Sixth Amendment scrutiny.
http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0188p-06.pdf
http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0188p-06.pdf
Sixth Circuit: Ky. Emps. Ret. Sys. v. Seven Ctys. Servs., Inc.
Community mental health center is not a government instrumentality, since it was not started by the government, its leadership isn't selected by the government, and the government doesn't have the power unilaterally to terminate it.
Question certified on the basis of the relationship withe the state employees retirement system.
http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0186p-06.pdf
Question certified on the basis of the relationship withe the state employees retirement system.
http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0186p-06.pdf
Second Circuit: United States v. Santillan
Traffic stop was reasonably prolonged after suspects were nervous and unable to explain where they were coming from.
Admission of statements arising from a discovery of money during patdown later admitted as inevitable discovery was harmless error.
Being placed in the back seat of the police car insufficiently custodial to require Miranda warning.
Passenger in car without a close relationship to the driver does not have a legitimate expectation of privacy in the area around the passenger's seat, and therefore cannot object to a search.
Dissent: Generalized nervousness and presence of energy drinks are not a cause for suspicion; race is occasionally a factor; driver is not required to tell police where they are driving from.
http://www.ca2.uscourts.gov/decisions/isysquery/b4d152a6-657c-4289-90dd-6ee87159ebe1/2/doc/16-1112com_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/b4d152a6-657c-4289-90dd-6ee87159ebe1/2/hilite/
Admission of statements arising from a discovery of money during patdown later admitted as inevitable discovery was harmless error.
Being placed in the back seat of the police car insufficiently custodial to require Miranda warning.
Passenger in car without a close relationship to the driver does not have a legitimate expectation of privacy in the area around the passenger's seat, and therefore cannot object to a search.
Dissent: Generalized nervousness and presence of energy drinks are not a cause for suspicion; race is occasionally a factor; driver is not required to tell police where they are driving from.
http://www.ca2.uscourts.gov/decisions/isysquery/b4d152a6-657c-4289-90dd-6ee87159ebe1/2/doc/16-1112com_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/b4d152a6-657c-4289-90dd-6ee87159ebe1/2/hilite/
Second Circuit: United States v. Hoskins
Appellate courts have statutory jurisdiction over interlocutory appeals of dismissals of significant parts of individual counts charged, together with pendent jurisdiction over any preliminary rulings inextricably intertwined.
Foreign nationals operating abroad who are not agents of US companies form a discrete class of persons which Congress deliberately excluded from the Act; US conspiracy law does not apply to foreign nationals violating the act abroad without a connection to a US interest, given the presumption against extraterritorial application.
Concur: The principles underlying the presumption against extraterritorial application and legislative history establishes this, but Congress should revisit.
http://www.ca2.uscourts.gov/decisions/isysquery/b4d152a6-657c-4289-90dd-6ee87159ebe1/1/doc/16-1010comb_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/b4d152a6-657c-4289-90dd-6ee87159ebe1/1/hilite/
Foreign nationals operating abroad who are not agents of US companies form a discrete class of persons which Congress deliberately excluded from the Act; US conspiracy law does not apply to foreign nationals violating the act abroad without a connection to a US interest, given the presumption against extraterritorial application.
Concur: The principles underlying the presumption against extraterritorial application and legislative history establishes this, but Congress should revisit.
http://www.ca2.uscourts.gov/decisions/isysquery/b4d152a6-657c-4289-90dd-6ee87159ebe1/1/doc/16-1010comb_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/b4d152a6-657c-4289-90dd-6ee87159ebe1/1/hilite/
First Circuit: US v. Rivera-Berrios
Where the present offense prompted the revocation of an earlier parole, federal law requires that the criminal history of the deft for the present sentencing rates the earlier conviction at its post-revocation level.
Substantively, the sentence was within the encincture of the court's discretion.
http://media.ca1.uscourts.gov/pdf.opinions/17-1212P-01A.pdf
Substantively, the sentence was within the encincture of the court's discretion.
http://media.ca1.uscourts.gov/pdf.opinions/17-1212P-01A.pdf
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