Archive for the 'Circuit Court of Appeals' Category

Immigration and Insurance Decisions

The Eighth Circuit decided two insurance disputes and one concerning the denial of an asylum application.
HealthEast Bethesda Hosp. v. United Commercial Travelers of Am., No. 08-3665, was an action for breach of an insurance settlement contract.  The court of appeals affirmed summary judgment for defendant, on the grounds that 1) defendant was not an unsophisticated [...]

Ruling on Motion to Reopen Asylum Application

In Sadhvani v. Holder, No. 08-1684, the court faced a challenge, by a native and citizen of Togo, to the BIA’s denial of his motion to reopen his asylum application in light of William v. Gonzalez, 499 F.3d 329 (4th Cir. 2007). 
As stated in the decision: “In William I, we held that the regulation promulgated by [...]

Suppression of Evidence in Federal Narcotics and Weapons Case Reversed

In US v. Stearn, No. 08-3230, the court faced a challenge to the district court’s order granting in part motions to suppress evidence following a grand jury’s indictment of defendants for federal narcotic and weapons offenses.
In reversing the district court’s judgment in its entirety, the court held that the magistrate judge had a substantial basis [...]

Ministerial Exception Does Not Bar Teacher’s Discrimination Suit

In Equal Employment Opportunity Comm’n v. Hosanna-Tabor Evangelical Lutheran Church & Sch., No. 09-1134, the court faced a challenge to the district court’s dismissal of a teacher’s employment discrimination suit on the grounds that the court could not inquire into the teacher’s claims of retaliation because they fell within the ministerial exception to the ADA. 
As [...]

Restitution Order Upheld in Audita Querela Proceedings

In US v. Miller, No. 08-11186, the court of appeals affirmed dismissal of defendant’s petition for audita querela challenging a restitution order resulting from his conviction for conducting a monetary transaction with criminally-derived funds and evading income tax.
As the court wrote:  “On August 1, 2003, defendant-appellant, Frederick Charles Miller (Miller), pleaded guilty to one count [...]

Case Addresses Application of Relevant Conduct Finding in a Case of Jointly Undertaken Criminal Activity

In US v. Salem, No. 08-2378, the Seventh Circuit faced a challenge to defendants’ contention that the district court erred in its relevant conduct findings, in its sentencing of defendants for wire fraud and receiving stolen funds related to a scheme to defraud buyers of various items on the internet.
As stated in the decision: “A district [...]

Civil Procedure, Civil Rights, and Environmental Cases

The Tenth Circuit decided matters concerning civil procedure, environmental law, and criminal procedure.
Morris v. US Nuclear Reg. Comm’n., No. 07-9505, involved a petition for review of a license granted by the Nuclear Regulatory Commission (NRC) to conduct in situ leach mining for uranium on four sites in northwest New Mexico.  The court of appeals denied [...]

Appeal in Osage Nation v. Irby Finds Tribe’s Reservation Disestablished

Osage Nation v. Irby, No. 09-5050, concerned an action by the Osage Nation seeking a declaratory judgment that the Nation’s reservation, which comprised all of Osage County, Oklahoma, had not been disestablished and remained Indian country within the meaning of 18 U.S.C. section 1151.
As the court of appeals wrote:  “The pivotal issue in this case [...]

Criminal Matters

The Ninth Circuit issued five opinions, all dealing with criminal matters.  Three involved the capital murder conviction and sentence of the same defendant, and the other two concerned immigration issues.
In Rhoades v. Henry (Haddon), No. 07-35808, a capital habeas matter, the court of appeals affirmed the denial of petitioner Paul Rhoades’ habeas petition on the grounds [...]

Criminal Matters

The Ninth Circuit issued five opinions, all dealing with criminal matters.  Three involved the capital murder conviction and sentence of the same defendant, and the other two concerned immigration issues.
In Rhoades v. Henry (Haddon), No. 07-35808, a capital habeas matter, the court of appeals affirmed the denial of petitioner Paul Rhoades’ habeas petition on the grounds [...]