8th U.S. CIRCUIT COURT OF APPEALS

CIVIL RIGHTS

CIVIL RIGHTS - Inmate Action; First Amendment; Attorney’s Fees
on March 11, 2010 09:56 AM CST

Where an inmate brought civil rights claims against prison officials who confiscated some of his mail, the defendants failed to raise at trial the defense of exhaustion of administrative remedies,...
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EMPLOYER-EMPLOYEE

EMPLOYER-EMPLOYEE - Discrimination; Discovery; Admissions
on March 11, 2010 09:59 AM CST

Where a plaintiff who sued his employer for discrimination and retaliation under the ADA failed to respond to the employer’s requests for admissions, and the plaintiff made no filing with the...
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IMMIGRATION

IMMIGRATION - Asylum; Credibility; Additional Evidence
on March 11, 2010 10:03 AM CST

Where an immigrant from Burma claimed the Burmese government perceived him as a political opponent, the government’s issuance of a passport and extensions contradicted his claim, and an...
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IMMIGRATION - Removal; Motion To Reopen; Subject Matter Jurisdiction
on March 11, 2010 10:08 AM CST

Where an immigrant sought review of the denial of his motion to reopen removal proceedings, the immigrant did not meet his burden to prove that he was eligible for relief from removal, and he did...
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IMMIGRATION - Asylum; Past Persecution; Changed Conditions
on March 11, 2010 10:06 AM CST

Where an immigrant from Bangladesh sought asylum and withholding of removal based on past persecution, even if there were not problems with the immigrant’s credibility and a false report...
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INSURANCE

INSURANCE - Medicare Supplement Policy; Rescission; Mistake
on March 11, 2010 10:09 AM CST

Where an insurer agreed in a settlement with a hospital to pay the medical bills of its insured but then rescinded the policy based on a finding of a misrepresentation of the insured’s medical...
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INSURANCE - Property Insurance; Indemnification; Business Expenses
on March 11, 2010 10:11 AM CST

Where a poultry processing company sought coverage under its property insurance and business interruption policy after an ice storm cut off electrical service resulting in the deaths of chickens,...
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PRODUCT LIABILITY

PRODUCT LIABILITY - Failure to Warn; Causation; Unjust Enrichment
on March 11, 2010 10:12 AM CST

(1)Where a plaintiff brought a failure-to-warn action against the manufacturer of a cholesterol-reducing drug, the plaintiff’s expert had inadequate factual evidence on which to base his...
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SOCIAL SECURITY

SOCIAL SECURITY - Denial of Benefits; Treating Physician; Credibility
on March 11, 2010 10:13 AM CST

(1)Where an administrative law judge discounted the opinion of a treating doctor for a Social Security disability claimant, the ALJ did not err because the doctor’s opinion was conclusory and...
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CRIMINAL OPINIONS

COMPETENCY

COMPETENCY - Involuntary Medication; Mental Illness
on March 11, 2010 11:07 AM CST

Where prosecutors in a child pornography case sought to forcibly medicate the mentally ill defendant to restore his competency to stand trial, the District Court did not err in finding that an...
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CONSPIRACY

CONSPIRACY - Wiretapping; Prior Offenses
on March 11, 2010 11:15 AM CST

Where four defendants were convicted of conspiracy to distribute ecstasy and other illegal drugs, the convictions are affirmed over the defendants’ challenges to joinder of the offenses, the...
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INEFFECTIVE ASSISTANCE

INEFFECTIVE ASSISTANCE - Post-Conviction Relief; Assistance of Counsel; Sentencing Error
on March 11, 2010 11:21 AM CST

Even though an attorney was ineffective for failing to urge a minor role adjustment at defendant’s sentencing, the District Court’s grant of a new trial is reversed and remanded because...
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RIGHT TO COUNSEL

RIGHT TO COUNSEL - Self Representation
on March 11, 2010 11:23 AM CST

 (1)Where a District Court advised a defendant against representing himself, advised him of the charges and range of punishment and made several inquiries about whether the defendant still...
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SEARCH AND SEIZURE

SEARCH AND SEIZURE - Expectation of Privacy; Overnight Guest
on March 11, 2010 11:25 AM CST

(1)Where a defendant convicted of bank robbery objected to the seizure of his clothes from the home of his girlfriend’s stepmother, where he stayed the night, the defendant did not have a...
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SEARCH AND SEIZURE - Warrantless Search; Photo Lineup; ‘Batson’ Challenge
on March 11, 2010 11:26 AM CST

(1)Where officers entered a hotel room without a warrant while investigating a drug conspiracy, the warrantless search was legal under the totality of the circumstances, which included the smell of...
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SENTENCING

SENTENCING - Bank Robbery; Reasonableness
on March 11, 2010 11:27 AM CST

Where a District Court sentenced a defendant to 776 months following his convictions on weapons and bank robbery charges, the record showed that the court did not treat the guidelines as mandatory...
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SENTENCING - Reduction; Hearsay
on March 11, 2010 11:29 AM CST

Where an officer made hearsay statements at trial that a witness observed the defendant with a gun and that the defendant threatened a shootout, the record contained abundant evidence that the...
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SENTENCING - Upward Departure; Criminal History
on March 11, 2010 11:30 AM CST

(1)Where a defendant in a murder case lacked defensive stab wounds and the crime scene evidence did not support a finding of self defense, the District Court did not err in rejecting the...
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SENTENCING - Upward Departure; Criminal History
on March 11, 2010 11:31 AM CST

Where a District Court departed upward and increased by two levels a defendant’s offense level for sentencing, the judgment is affirmed based on criminal history evidence that the defendant...
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SEVERANCE

SEVERANCE - Sentencing; Prior Offenses
on March 11, 2010 11:33 AM CST

(1)Where a defendant moved to sever a weapons charge that was based on a homicide in a night club parking lot from his drug conspiracy charges, the charges were properly joined because a conviction...
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Orders

Attorney Discipline

Attorney Discipline - Reinstatement
on March 11, 2010 11:49 AM CST

The attorney shall be reinstated to the active practice of law by further order of the court upon the filing of an affidavit showing that he has successfully completed the professional...
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Court of Appeals

Published Civil Opinions

Unemployment Benefits

Unemployment Benefits - Noncovered Church Employment
on March 9, 2010 03:27 PM CST

1. The commissioner of the Department of Employment and Economic Development is not required to pay unemployment benefits under Minn. Stat. sec. 268.069, subd. 1 (2008), to an applicant who was...
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Published Criminal Opinions

Driving while Intoxicated

Driving while Intoxicated - Instruction re: Probable Cause
on March 10, 2010 10:57 AM CST

1. 10A Minnesota Practice, CRIMJIG 29.28 (Supp. 2009), does not accurately state the definition of probable cause because it implies that a law-enforcement officer’s subjective belief alone is...
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Evidence

Evidence - Pre-Arrest Silence
on March 10, 2010 10:58 AM CST

Testimony in the state’s case-in-chief concerning the accused’s pre-counseled, pre-arrest, and pre-Miranda silence is not admissible because it vitiates a criminal defendant’s...
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Interference with Privacy

Interference with Privacy - Spouse as Victim
on March 10, 2010 11:02 AM CST

A spouse has a reasonable expectation of privacy from being videotaped surreptitiously while alone in a residential bathroom shared with the person’s spouse.  Minn. Stat....
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Unpublished Civil Opinions

Constitutional Law

Constitutional Law - Implied Consent
on March 9, 2010 04:14 PM CST

Where the results of a urine test were used to revoke a driver’s license under the implied consent law; and the driver argues that urine tests are less accurate than blood and breath tests; we...
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Contracts

Contracts - Bailment
on March 9, 2010 04:17 PM CST

Where a homeowner contracted with house mover to remove the house from its existing site to the mover’s storage yard, pending transfer of the property the homeowner’s new site; and the...
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Domestic Relations

Domestic Relations - Child Custody
on March 9, 2010 04:20 PM CST

Where the District Court granted sole legal and physical custody of the parties’ minor children to father; and mother moved for a new trial on the ground of newly discovered material...
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Domestic Relations - Child Support
on March 9, 2010 04:24 PM CST

Where in 2008 father was a member of the military, had a gross monthly income of $3,913, and was ordered to pay child support; a few months later, father voluntarily left the military and enrolled...
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Domestic Relations - Maintenance
on March 9, 2010 04:26 PM CST

Even though the District Court found that mother could earn $45,000 after three years of part-time employment and that she would have annual investment income of $16,537, we remand for a...
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Education

Education - Breach of Contract
on March 9, 2010 04:29 PM CST

Where two students who were accepted into a university program were advised that they needed to complete some prerequisite courses; a letter from one of the students and from the director of the...
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Medical Malpractice

Medical Malpractice - Reimbursement of Medical Assistance
on March 9, 2010 04:33 PM CST

Where the patient settled her claims against the medical providers and specifically agreed to indemnify the medical providers against a possible claim by a medical-assistance provider, which had not...
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Termination of Parental Rights

Termination of Parental Rights - Failure to Comply with Duties
on March 9, 2010 04:37 PM CST

Where father was convicted of committing criminal sexual conduct against a minor and a no-contact order prohibited him from having contact with minors, including his own children; the District Court...
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Unemployment Benefits

Unemployment Benefits - Misconduct
on March 9, 2010 04:41 PM CST

Where claimant was late for work 60 times between Feb. 2006, and June 18, 2008; claimant also had frequent absences due to illness or other circumstances; and despite warnings and claimant’s...
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Unemployment Benefits - Noncovered Employment
on March 9, 2010 04:44 PM CST

Where claimant was employed as the Chief Financial officer (CFO) by a college which is part of the Minnesota State College and University system; MnSCU designated the CFO position as unclassified;...
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Unemployment Benefits - Quit without Reason
on March 10, 2010 10:51 AM CST

Where claimant was employed as a material handler for approximately one month; claimant agrees that he received some one-on-one training and that he was generally able to perform his job; claimant...
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Unemployment Benefits - Quit without Reason
on March 10, 2010 10:53 AM CST

Even though the employer’s general manager testified that claimant’s pay rate complied with the wage required by the Minnesota Prevailing Wage Law (PWL) for a state project, we reverse...
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Unemployment Benefits - Untimely Appeal
on March 10, 2010 10:54 AM CST

Where claimant was required to file an appeal from DEED’s ineligibility determination by April 20, 2009; and claimant filed her appeal on April 24, 2009; we conclude that claimant’s...
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Unpublished Criminal Opinions

Assault

Assault - Intent
on March 10, 2010 11:05 AM CST

Where defendant approached J.M. with a knife in his raised hand; defendant’s son grabbed defendant from behind; and thinking that his son was another person, defendant stabbed his son twice;...
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Criminal Procedure

Criminal Procedure - Discovery of Source Code
on March 10, 2010 11:17 AM CST

Where defendant moved the court for discovery of the source code for the Intoxilyzer machine used to test him; and defendant submitted no evidence in support of his discovery motion; we conclude...
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Drugs

Drugs - Accomplice Testimony Corroborated
on March 10, 2010 11:19 AM CST

Where defendant was charged with three offenses related to the manufacture of methamphetamine; two accomplices testified against defendant; and their testimony was corroborated by officers’...
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Evidence

Evidence Witness’s Testimony Irrelevant
on March 10, 2010 11:20 AM CST

Where defendant was charged with attempted theft by swindle after he contacted an attorney who represented Tom Petters and attempted to obtain $250,000 in exchange for bribing a federal judge to...
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Expungement

Expungement - Executive Branch Records
on March 10, 2010 11:22 AM CST

Where petitioner was charged with misdemeanor domestic assault and pleaded guilty to a charge of disorderly conduct; and one year later, petitioner sought to expunge the domestic assault charge from...
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Expungement - Judicial and Executive Records
on March 10, 2010 11:25 AM CST

Where petitioner sought expungement of a 2007 disorderly conduct conviction, a 1995 and a 1996 conviction of issuance of a dishonored check, and a charge of unemployment fraud that was dismissed in...
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Juvenile

Juvenile - Revocation of Stay
on March 10, 2010 11:29 AM CST

Where adjudication of one criminal sexual conduct charge was stayed after the juvenile was ordered to complete an out-patient sex offender program in connection with another criminal sexual conduct...
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Obstruction of Legal Process

Obstruction of Legal Process - Sufficient Evidence
on March 10, 2010 11:31 AM CST

Where the District Court found that defendant resisted, struggled with, and threatened to kill the officer who had stopped him; and defendant’s conduct that the court characterized as...
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Robbery

Robbery - Identification of Perpetrator
on March 10, 2010 11:32 AM CST

Where the victim testified that defendant came into the store at which the victim worked three times and the third time, he grabbed her, told her that he had a knife, and took money from the cash...
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Sentencing

Sentencing - Downward Departure
on March 10, 2010 11:37 AM CST

Where defendant pleaded guilty to five counts of third-degree criminal sexual conduct stemming from a sexual relationship with her 14-year-old neighbor; the District Court was not convinced by...
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Stop of Vehicle

Stop of Vehicle - Crossing Fog Line
on March 10, 2010 11:36 AM CST

Where an officer observed defendant’s vehicle cross over the fog line twice for two or three seconds within approximately 30 seconds of each other; and defendant was the only occupant of the...
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Theft

Theft - By Swindle
on March 10, 2010 11:34 AM CST

Where defendant was charged with theft by swindle arising out series of transactions in which he, with other codefendants, allegedly deceived mortgage lenders to obtain loans for real estate...
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Supreme Court

Orders

ATTORNEY DISCIPLINE - Transfer to Disability Status
on March 5, 2010 09:24 AM CST

Pursuant to an agreement with the director of the OLPR, the respondent is transferred to inactive disability status. Disciplinary proceedings are stayed.
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Civil Opinions

Attorney Discipline

Attorney Discipline - Reprimand and Probation
on March 11, 2010 11:44 AM CST

The attorney’s neglect of a client matter, failure to keep that client informed, and misrepresentations to cover the errors warrant a public reprimand and two years of supervised probation.
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CRIMINAL OPINIONS

Constitutional Law

Constitutional Law - Waiver of Jury Trial
on March 11, 2010 11:47 AM CST

Article I, section 4 of the Minnesota Constitution does not require the consent of the State before a defendant may waive a jury trial.  A writ of prohibition was the appropriate procedure...
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Tax Court

Property

Property - Valuation
on March 11, 2010 11:52 AM CST

Where petitioner contested the valuation of business property for the Jan. 2, 2008 assessment date; and the owner testified as to the price he paid for the business and property in 1999 and as to...
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Withholding Tax

Withholding Tax - Summary Judgment
on March 11, 2010 11:53 AM CST

Where the commissioner assessed unpaid withholding tax based upon an IRS audit and the total wages reported in that audit; the employer failed to produce any evidence that the IRS assessment is...
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