United States Eighth Circuit - April 2001 Opinion Summaries

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Description Date Docket #

PAINTER v. STATE OF IOWA

United States Eighth Circuit
Criminal Law & Procedure, Habeas Corpus
Petitioner's habeas action is time-barred under 28 USC 2244, et seq., since the time between the date that direct review of a conviction is completed...
04/30/2001 00-3041

US v. MURPHY

United States Eighth Circuit
Criminal Law & Procedure, Sentencing
Defendant waived right to object to the government's failure to file a motion for downward departure by failing to raise the issue at sentencing.
04/30/2001 00-2480

US v. BASIN ELEC. POWER COOP.

United States Eighth Circuit
Government Contracts
Even if money was misappropriated, the government must show a connection between the misappropriation and the lease cost to support claim that...
04/30/2001 99-3122

REPUBLICAN PARTY OF MINNESOTA v. KELLY

United States Eighth Circuit
Constitutional Law, Elections
Canon 5 of the Minnesota Code of Judicial Conduct, which restricts candidates for judicial office from certain partisan political activities regarding...
04/30/2001 99-4021, 99-4029, 99-4025

US v. WRIGHT

United States Eighth Circuit
Criminal Law & Procedure
An indictment under 18 USC 2119(1) is defective where it fails to allege that defendant caused the carjacking victim serious bodily injury.
04/27/2001 00-1034

EL DORADO SCHOOL DIST. #15, UNION COUNTY, ARKANSAS v. CONT'L CAS. CO.

United States Eighth Circuit
Dispute Resolution & Arbitration
Question of whether the contractual conditions precedent to arbitration have been met is a question of procedural arbitrability and a court cannot set...
04/27/2001 00-2488

US v. BENNING

United States Eighth Circuit
Criminal Law & Procedure
Where it was defendant's obligation to discover and understand a state statute's limitations on possession or control of a firearm following...
04/27/2001 00-2674

FANN v. BOWERSOX

United States Eighth Circuit
Criminal Law & Procedure, Habeas Corpus
Attorney's failure to anticipate change in law does not constitute ineffective assistance of counsel and does not serve as cause to excuse a...
04/27/2001 00-1808

FREYERMUTH v. CREDIT BUREAU SERV., INC.

United States Eighth Circuit
Consumer Protection Law
Absent a threat of litigation or actual litigation, there is no violation of the Fair Debt Collection Practices Act when a debt collector tries to...
04/27/2001 00-2661

US v. FAVELA

United States Eighth Circuit
Criminal Law & Procedure
Defendant's initial airport encounter with plain clothes police officers who did not display weapons was not a seizure or unlawful detention since a...
04/26/2001 00-2314