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United States First Circuit - July 2003 Opinion Summaries

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THE CADLE CO. v. SCHLICTMANN, CONWAY, CROWLEY & HUGO

United States First Circuit
Attorney's Fees, Judgement Enforcement
Denial of a third party's attempt to intervene as a party holding an interest in a debt against defendant is affirmed. Plaintiff, who sold the debt to...
07/31/2003 02-2709

DISU v. ASHCROFT

United States First Circuit
Constitutional Law, Immigration Law
Denial of petitioner's applications for asylum, withholding of deportation, and due process challenges to the constitutionality of the summary...
07/31/2003 02-2680

PEOPLE TO END HOMELESSNESS, INC. v. DEVELCO TENANTS ASS'N

United States First Circuit
Civil Rights, Constitutional Law, Landlord Tenant Law, Property Law & Real Estate
In an action to preserve the supply of affordable housing by enjoining low income property owners and HUD from terminating Section 8 housing...
07/31/2003 02-2675

NOM v. SPENCER

United States First Circuit
Constitutional Law, Criminal Law & Procedure, Habeas Corpus
Habeas challenge to the propriety of a question asked by a police officer after the petitioner had unambiguously invoked his Fifth Amendment right to...
07/29/2003 02-2173

US v. STEWART

United States First Circuit
Constitutional Law, Criminal Law & Procedure, Evidence
Whether or not suppression ever would be an available remedy for a Fourth Amendment violation when an affidavit is otherwise adequate, it is...
07/29/2003 02-1938

US v. CYR

United States First Circuit
Criminal Law & Procedure, Sentencing
Though the district court erroneously characterized the defendant's prior state convictions for distribution of heroin as "unrelated" to his prior...
07/29/2003 01-2614

JACKSON v. COALTER

United States First Circuit
Constitutional Law, Criminal Law & Procedure, Habeas Corpus
Denial of habeas relief is affirmed where the state courts neither acted contrary to, nor unreasonably applied, Supreme Court precedent when they...
07/28/2003 02-2325

PASCOAG RESERVOIR & DAM, LLC v. STATE OF RHODE ISLAND

United States First Circuit
Civil Procedure, Civil Rights, Constitutional Law, Property Law & Real Estate, Remedies
In an inverse condemnation suit, because plaintiff property owner failed to timely pursue its state remedies, it forfeited its federal claim for...
07/28/2003 02-2179, 02-2233

US v. GENDRAW

United States First Circuit
Criminal Law & Procedure, Sentencing
Sentencing, as part of a plea agreement for drug conviction, and rejection of a motion to depart downward are affirmed where the facts do not come...
07/28/2003 02-2099

DJ MFG. CORP. v. TEX-SHIELD, INC.

United States First Circuit
Antitrust & Trade Regulation, Commercial Law
The dismissal of a suit alleging a conspiracy to destroy competition in the market for chemical protective clothing in Puerto Rico, in violation of...
07/28/2003 02-2114

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