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 Although an unpublished decision of the Circuit has held the crime to be a valid predicate under another clause, it insufficiently considered the state's law of attempt.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 Although an unpublished decision of the Circuit has held the crime to be a valid predicate under another clause, it insufficiently considered the state's law of attempt.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
DC Circuit: Central United Life Insurance v. Sylvia Burwell
ACA, Administrative
Agency rulemaking was an illicit amendment of the terms of the Act itself.
Central United Life Insurance v. Sylvia Burwell
DC Circuit: State of West Virginia v. HHS
Standing, ACA
State doesn't suffer cognizable injury-in-fact when federal government declines to exercise a statutorily-compelled primary function, leaving the state to decide whether it should exercise its secondary function.
State of West Virginia v. HHS
DC Circuit: Mohamed Al-Saffy v. Thomas Vilsack
Title VII, Employment, Administrative
ALJ dismissal of hearing request was not final agency action that started the Title VII clock.
Subsequent similar letter did not start the clock as it omitted the statutorily required notice of the right to appeal.
Genuine issue of material fact as to agency employment given responsibilities and reporting relationships.
Mohamed Al-Saffy v. Thomas Vilsack
ALJ dismissal of hearing request was not final agency action that started the Title VII clock.
Subsequent similar letter did not start the clock as it omitted the statutorily required notice of the right to appeal.
Genuine issue of material fact as to agency employment given responsibilities and reporting relationships.
Mohamed Al-Saffy v. Thomas Vilsack
DC Circuit: Oklahoma Gas and Electric Co. v. FERC
Administrative
Presumption of rationality in judicial review of contracts does not apply to rights of first refusal, given their anticompetitive nature.
Oklahoma Gas and Electric Co. v. FERC
Presumption of rationality in judicial review of contracts does not apply to rights of first refusal, given their anticompetitive nature.
Oklahoma Gas and Electric Co. v. FERC
DC Circuit: Akiachak Native Community v. DOI
FRCP, Mootness
Case is moot, as the regulation has been rescinded.
Dissent -- Parties are still in conflict.
Akiachak Native Community v. DOI
DC Circuit: United Airlines, Inc. v. FERC
Administrative
FERC ratemaking that substituted a second time period was arbitrary and capricious in that insufficient explanation was offered for the selection of the second period.
No error in agency's declining to index the rates across a period of time, as it would have resulted in an unreasonable benefit, and the purpose of the indexing regulation is equitable.
Corporations and partnerships must be evenly treated in deciding tax offsets.
United Airlines, Inc. v. FERC
Ninth Circuit: MICHAEL CUERO V. MATTHEW CATE
Habeas
Given contract law, state violates Due Process by adding a predicate prior after the plea had been accepted by the court and a misdemeanor had been dropped pursuant to the terms of the deal.
Dissent: Inability to enforce plea deal is not constitutional error.
MICHAEL CUERO V. MATTHEW CATE
Ninth Circuit: EMILY ATTMORE V. CAROLYN COLVIN
SSA
ALJ must compare medical evidence of improvement with the medical evidence indicating disability.
Temporary improvements in psychiatric condition must be sustained and broad in scope to warrant adjustment of the finding.
EMILY ATTMORE V. CAROLYN COLVIN
Eighth Circuit: Larry Schaefer v. Dale Putnam
FRCP
Claim preclusion bars an action where the parties had notice of the additional claim, might have amended the first claim to incorporate it, and there was nothing preventing a full and fair adjudication of the claims arising out of the transaction.
Larry Schaefer v. Dale Putnam
Claim preclusion bars an action where the parties had notice of the additional claim, might have amended the first claim to incorporate it, and there was nothing preventing a full and fair adjudication of the claims arising out of the transaction.
Larry Schaefer v. Dale Putnam
Eighth Circuit: United States v. Alphonso Wynn
Statutory Interpretation
A housekeeping supervisor at a VA hospital is a federal official for purposes of the threats statute, as "official" is not being used as a term of limitation.
Telephone hotline is not entrapment, doesn't trigger privilege.
United States v. Alphonso Wynn
Eighth Circuit: United States v. Danny Lewis
Sentencing
Court did not need to specifically calculate the amended guidelines range before holding that a deft with an upward variance would not qualify for a certain relief.
United States v. Danny Lewis
Eighth Circuit: United States v. Quentin Tidwell
Habeas, Sentencing
In de novo resentencing subsequent to a successful collateral challenge to the conviction, the court may consider convictions after the initial sentencing when compiling the criminal history of the deft.
Dissent: facts are muddled here -- AUSA incorrectly described relationship between the two sentences.
United States v. Quentin Tidwell
In de novo resentencing subsequent to a successful collateral challenge to the conviction, the court may consider convictions after the initial sentencing when compiling the criminal history of the deft.
Dissent: facts are muddled here -- AUSA incorrectly described relationship between the two sentences.
United States v. Quentin Tidwell
Eighth Circuit: United States v. Santana Drapeau
FRE, Tribe Law
No plain error/abuse of discretion in allowing testimony on priors, since there was no proof of prejudice given the curative instruction, and the testimony might somehow have been relevant.
Uncounseled tribal court convictions are valid predicates
United States v. Santana Drapeau
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