8th U.S. CIRCUIT COURT OF APPEALS

CIVIL OPINIONS

APPELLATE PRACTICE

APPELLATE PRACTICE - Interlocutory Review; Rule 54(b) Certification; Finality of Judgment
on March 18, 2010 03:19 PM CDT

Where an inmate brought a civil rights action against various prison-official defendants and the parties sought interlocutory review, entering a stipulation in which the inmate agreed to dismiss his...
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CIVIL RIGHTS

CIVIL RIGHTS - Fair Housing Act; Sexual Harassment; Punitive Damages
on March 18, 2010 03:21 PM CDT

(1)Where a tenant sued her landlord under the Fair Housing Act for sexual harassment, discrimination and intimidation, a claim for hostile housing environment created by sexual harassment is...
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ERISA

ERISA - Denial of Benefits; Long-Term Disability; Discounted Evidence
on March 18, 2010 03:24 PM CDT

Where medical evidence conflicted as to whether a claimant of long-term disability benefits was disabled, the claimant’s plan administrator properly discounted medical evidence that was not...
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LABOR

LABOR - Tort Claim; LMRA; Preemption
on March 18, 2010 03:25 PM CDT

Where a former labor organizer who was disciplined by his union following a dispute with another union member brought an action against the union alleging violations of the Labor Management...
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CRIMINAL OPINIONS

DRUG CONSPIRACY

DRUG CONSPIRACY - Sufficiency of Evidence; Entrapment
on March 18, 2010 03:26 PM CDT

1)Where a defendant convicted in a drug conspiracy sought to admit a recording of a post-arrest statement of a co-defendant and a conversation recorded between two other defendants, the District...
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SENTENCING

SENTENCING - Child Pornography; Distribution Enhancement
on March 18, 2010 03:27 PM CDT

Where a defendant in a child pornography case placed files in a file-sharing program, a sentencing enhancement for distribution was appropriate, and an enhancement for sadistic or violent material...
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SENTENCING - Child Pornography; Enhancements
on March 18, 2010 03:29 PM CDT

Where a defendant in a child pornography case objected to a four-level enhancement for sadistic or masochistic images because the pornography he produced was not sadistic or violent although he did...
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SENTENCING - Guilty Plea; Motion To Withdraw
on March 18, 2010 03:30 PM CDT

Where a defendant who pleaded guilty to drug and weapon charges sought to withdraw his plea, neither of the defendant’s reasons for withdrawing his plea were “fair and just”...
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SENTENCING - Prior Conviction; Identification
on March 18, 2010 03:31 PM CDT

Where the government presented evidence including the name, height, weight, age and tattoos, that identified a defendant as the person named in a prior conviction, the records were sufficient to...
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SEX OFFENDER

SEX OFFENDER - Registration; Prior Conviction
on March 18, 2010 03:32 PM CDT

Where a defendant who pleaded guilty to failing to register as a sex offender challenged the calculation of his base offense level and criminal history category for sentencing purposes, even if...
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SPEEDY TRIAL ACT

SPEEDY TRIAL ACT - Continuance
on March 18, 2010 03:33 PM CDT

Where a criminal defendant argued that the District court violated the Speedy Trial Act by failing to bring him to trial within 70 days of his arraignment, the judgment is affirmed because the...
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Court of Appeals

Published Civil Opinions

Administrative

Administrative - Disqualification from Direct Care
on March 16, 2010 02:35 PM CDT

Where petitioner was convicted of a felony forgery in 1999 and a felony issuance of a dishonored check in 2004; petitioner sought reconsideration on the grounds that she posed no risk of harm...
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Civil Procedure

Civil Procedure - Objection to Standing
on March 16, 2010 02:54 PM CDT

Where a title company questioned the standing of an insurer as an alleged subrogee; and the standing issue was raised at the damages trial, after the District Court had entered partial summary...
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Contracts

Contracts - Fraud in Execution
on March 16, 2010 01:47 PM CDT

1. Fraud in the execution is a statement or conduct that misrepresents the character or essential terms of a proposed contract, and that induces an apparent manifestation of assent by one who...
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Contracts - Notice of Default
on March 16, 2010 02:56 PM CDT

Where the parties’ loan agreement provided that a notice of default would be effective “if mailed, when deposited in the United States mail, as first class, certified or registered mail...
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Contracts - Reformation; Sale of Stock
on March 16, 2010 01:49 PM CDT

A contract for the sale of corporate stock may not be reformed or rescinded merely because the parties were mistaken about the nature, extent, or value of the corporation’s assets, so long as...
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Domestic Relations

Domestic Relations - Child Support
on March 16, 2010 03:03 PM CDT

Where the county moved to modify father’s child-support obligation of $155 per month; the CSM used a parenting-expense adjustment of 12%, based on parenting time less than 45.1%, to calculate...
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Education

Education - Continuing-Contract Status
on March 16, 2010 02:27 PM CDT

A teacher who resigns his continuing-contract position with a school district not in a city of the first class, and is later rehired in the same school district, must complete an additional one-year...
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Employment

Employment - Retiree’s Heath Insurance
on March 16, 2010 03:05 PM CDT

Where, eight years after the employee’s retirement, the public employer changed the health-care coverage offered to employees and retirees; and the employer continued to pay the...
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Estates and Trusts

Estates and Trusts - Multi-State Probate Dispute
on March 16, 2010 03:07 PM CDT

Where decedent had sole legal title to Minnesota real estate when she died; at the time decedent executed her will and at the time she died, decedent was domiciled in California; and a California...
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Mechanic’s Lien

Mechanic’s Lien - Timeliness of Lien Statement
on March 16, 2010 03:17 PM CDT

Where a material supplier served and recorded its mechanic’s lien statement on Feb. 15, 2007, delivered additional materials to the property in 2007, and on Sept. 27, 2007 filed an amended...
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Mechanic’s Lien - Prelien Notice
on March 16, 2010 03:15 PM CDT

Even though a mechanic’s lien is enforceable against a bank’s mortgage on a parcel because (1) despite the absence of a contract, the work was authorized by the property’s former...
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Real Property

Real Property - Reformation of Deed
on March 16, 2010 03:19 PM CDT

Where, on June 10, 1980, parents conveyed lakeside property by warranty deed to their son for $1; on June 18, 1980, parents executed a lease agreement leasing the same property for 50 years to their...
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Termination of Parental Rights

Termination of Parental Rights - Palpable Unfitness; Incarceration
on March 16, 2010 02:29 PM CDT

Murder of the other parent is sufficient to find palpable unfitness.
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Unemployment Benefits

Unemployment Benefits - Misconduct
on March 16, 2010 03:20 PM CDT

Where claimant possessed and smoked marijuana in an employer-owned vehicle while returning from a job site; the conduct violated the employer’s vehicle-safety policy; claimant was diagnosed as...
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Unemployment Benefits - Misconduct
on March 16, 2010 03:22 PM CDT

Where claimant’s employer had a long-term contract with a city; claimant told the city clerk that the job was too big for his employer; and claimant engaged in conduct at another jobsite that...
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Unemployment Benefits - Quit without Reason
on March 16, 2010 03:23 PM CDT

Where claimant worked as a secretary at a high school; the employer changed claimant’s job duties without changing her hours, classification or pay; claimant was frustrated that the change was...
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Unemployment Benefits - Suitable Employment
on March 16, 2010 03:34 PM CDT

Even though the ULJ found no evidence that the employer breached any promise to claimant or made any misrepresentation as to the nature and type of work to be assigned, we conclude that the ULJ...
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Unemployment Benefits - Suitable Employment
on March 16, 2010 03:37 PM CDT

Where the ULJ determined that claimant quit work for substantially better employment that began three months after she quit, but she was not eligible for benefits in the interim three-month period...
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Unemployment Benefits - Voluntary Quit
on March 16, 2010 03:39 PM CDT

Where claimant was absent from work for three consecutive days, Feb. 18, 19 and 20, without notifying his supervisor; the employer considered this absence to be a quit, in accordance with its...
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Unemployment Benefits - Voluntary Quit
on March 16, 2010 03:40 PM CDT

Even though claimant left the workplace without speaking to his supervisor about 30 minutes after he had arrived, we conclude that the record does not support the ULJ’s determination that...
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Published Criminal Opinions

Driving without License

Driving without License - Motorized Foot Scooter
on March 16, 2010 03:43 PM CDT

Under Minn. Stat. sec. 169.01, subd. 4c (2006) (defining motorized foot scooter), the term “wheel” encompasses the rim and affixed tire.  A vehicle with wheels that exceed ten...
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Unpublished Criminal Opinions

Assault

Assault - Sufficient Evidence
on March 16, 2010 03:45 PM CDT

Where defendant’s ex-husband testified that defendant stabbed him; a surgeon who assisted in suturing the victim testified that the wounds were inconsistent with self-infliction; and defendant...
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Criminal Procedure

Criminal Procedure - Unanimity Instruction
on March 16, 2010 04:05 PM CDT

Where a jury found defendant guilty of first-degree burglary and domestic assault of his former girlfriend (the victim) but not guilty of other counts, including the fifth-degree assault of the...
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Criminal Procedure - Unanimity Instruction
on March 16, 2010 04:07 PM CDT

Where the District Court instructed the jury that it had to find that the state proved that “the defendant’s act took place on or about August 31, 2004 and/or September 2,...
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Evidence

Evidence - Collateral; Relevance
on March 16, 2010 04:08 PM CDT

Where defendant, who was charged with theft by swindle, denied that she had been in any financial hardship or that she had been evicted in recent months; and the prosecutor then moved to admit...
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Evidence - Relevance; Victim’s Misrepresentation
on March 16, 2010 04:09 PM CDT

Where defendant was charged with third-degree criminal sexual conduct (penetration of complainant between the ages of 13 and 15 when the actor is more than 24 months older); defendant sought to...
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Expungement

Expungement - Executive Branch Records
on March 16, 2010 04:11 PM CDT

Even though the District Court dismissed the charge of misdemeanor assault after a bench trial, we conclude that the District Court erred in interpreting the expungement statute to permit...
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Ineffective Assistance

Ineffective Assistance - Lack of Factual Basis
on March 16, 2010 04:12 PM CDT

Where defendant was charged with third- and fourth-degree criminal sexual conduct and pleaded guilty to fourth-degree criminal sexual conduct; at the plea hearing, defendant agreed that he freely...
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Postconviction Relief

Postconviction Relief - Predatory Offender Registration
on March 16, 2010 04:13 PM CDT

Where petitioner  pleaded guilty to one count of fourth-degree criminal sexual conduct in 1995; his conviction was reduced to a misdemeanor when he was discharged in 2001; and the original...
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Postconviction Relief - Trial Testimony Recanted
on March 16, 2010 04:17 PM CDT

Where petitioner was convicted of criminal sexual conduct involving his intermittent girlfriend; and petitioner later sought relief based on an acquaintance’s affidavit which stated, the...
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Prosecutorial Misconduct

Prosecutorial Misconduct - Conduct after Court Ruling
on March 16, 2010 04:20 PM CDT

Where the prosecutor elicited testimony from the arresting officer that defendant volunteered a statement that he had been jumped and did not stab anyone; the trial court sustained a hearsay...
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Sentencing

Sentencing - Minimum Mandatory Sentence
on March 16, 2010 04:18 PM CDT

Where defendant pleaded guilty to possession of a firearm by an ineligible person; and in 1980, defendant was convicted of first-degree manslaughter and second-degree assault after an incident in...
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Stop of Vehicle

Stop of Vehicle - Reasonable Suspicion
on March 16, 2010 04:15 PM CDT

Where an officer saw an open bottle of beer in a parked vehicle and observed the vehicle leave its parking space less than 45 minutes later; and after officers stopped the vehicle, the officers did...
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Supreme Court

Civil Opinions

Attorney Discipline

Attorney Discipline - Mitigating and Aggravating Factors
on March 18, 2010 11:44 AM CDT

1. The referee’s findings that the attorney’s adjustment disorder, the time elapsed since his last instance of misconduct causing harm to a client, his good reputation in the legal...
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Criminal Opinions

Constitutional Law

Constitutional Law - Confrontation Clause
on March 18, 2010 11:46 AM CDT

A violation of the Confrontation Clause warranted a new trial.
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Evidence

Evidence - Jury Instructions
on March 18, 2010 11:48 AM CDT

1. The District Court did not commit plain error in its jury instructions regarding relationship evidence and past-pattern-of-domestic-abuse evidence. 2. Alleged prosecutorial misconduct during the...
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Orders

Court Administration

Court Administration - ADR Ethics Board
on March 18, 2010 11:52 AM CDT

Jessica Kuchta-Miller is appointed to the ADR Ethics Board.
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Court Administration - Juvenile Delinquency Rules Committee
on March 18, 2010 03:10 PM CDT

Cathy Celander is reappointed to the Minnesota Supreme Court Juvenile Delinquency Rules Committee.
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Tax Court

Capital Gains

Capital Gains - Deed in Lieu of Foreclosure
on March 17, 2010 04:34 PM CDT