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United States Eighth Circuit - December 2004 Opinion Summaries

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Description Date Docket #
US v. HILLIARD
United States Eighth Circuit
Criminal Law & Procedure, Habeas Corpus 
District court did not err in granting defendant habeas relief based on its holdings that his trial counsel was ineffective for failing to file a... 		12/28/2004 04-1033
US v. HARDY
United States Eighth Circuit
Criminal Law & Procedure, Sentencing 
Sawed-off shotgun was destructive device for purposes of Guidelines Section 2K2.1(b)(3). 		12/28/2004 04-1875
CLEVENGER v. GARTNER
United States Eighth Circuit
Civil Rights, Constitutional Law, Injury & Tort Law 
Plaintiff's civil rights suit, alleging his conviction does not require a DNA sample under Missouri's "DNA Profiling System" statute, is dismissed... 		12/27/2004 03-1997
MILLER v. NORTHWESTERN MUT. LIFE INS. CO.
United States Eighth Circuit
Insurance Law, Labor & Employment Law 
Plaintiff-insured was not totally disabled within the meaning of his disability income insurance policy as he was able to perform at least one of the... 		12/23/2004 03-3989, 03-4001
IN RE: EVELETH MINES
United States Eighth Circuit
Bankruptcy Law, Civil Procedure, Tax Law 
In a dispute concerning liability for the Taconite Production Tax, the bankruptcy court should have abstained from exercising its jurisdiction because... 		12/23/2004 04-6045, 04-6048
US v. CLAWSON
United States Eighth Circuit
Criminal Law & Procedure, Sentencing 
District court did not err in imposing enhancement under Section 2G2.2(b)(2)(C) for distribution of child pornography to a minor. 		12/21/2004 03-3910
NELSON v. HVASS
United States Eighth Circuit
Criminal Law & Procedure, Habeas Corpus 
Denial of plaintiff's petition for habeas relief is affirmed where the Minnesota courts did not unreasonably apply clearly established federal law in... 		12/21/2004 03-1612
OBLESHCHENKO v. ASHCROFT
United States Eighth Circuit
Immigration Law 
Plaintiffs' petition for review is denied over their challenge that counsel for the hearing before the Immigration Judge provided them with... 		12/20/2004 02-4123
US v. GHANE
United States Eighth Circuit
Criminal Law & Procedure 
In a competency hearing, the district court's order to involuntarily medicate defendant is reversed where a five to ten percent chance of restored... 		12/20/2004 04-1769
ABDULLAH v. HEDRICK
United States Eighth Circuit
Criminal Law & Procedure, Habeas Corpus 
Dismissal of plaintiff's habeas corpus petition is affirmed where the district court had no jurisdiction to consider plaintiff's claim. 		12/17/2004 03-1645

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