United States Eighth Circuit - October 2001 Opinion Summaries

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Description Date Docket #

ALL DENOMINATIONAL NEW CHURCH v. PELOFSKY

United States Eighth Circuit
Bankruptcy Law
Under 11 USC 1112(b)(2), a debtor's failure to provide monthly operating reports justifies dismissal of the Chapter 11 petition.
10/31/2001 01-6053

US v. CARTER

United States Eighth Circuit
Criminal Law & Procedure
21 USC 851(e), which limits the ability of a defendant to challenge a prior conviction used in a sentence enhancement, is not unconstitutional.
10/31/2001 01-1556

US v. PEREZ

United States Eighth Circuit
Criminal Law & Procedure
A plea to the charge of drug trafficking may be knowing and intelligent, even if the judge did not mention drug quantity as an element of the offense,...
10/31/2001 00-1875

SIMMONS FOOD, INC. v. HILL'S PET NUTRITION, INC.

United States Eighth Circuit
Contracts
Where a putative contract set forth specific quantities for some years but not others, it does not qualify as an output or requirements contract.
10/30/2001 01-1375

US v. WOODS

United States Eighth Circuit
Criminal Law & Procedure, Sentencing
21 USC 841(b)(1)(A) does not violate Apprendi even if it does not require drug quantities as an element of the offense where sentencing under the...
10/30/2001 01-1822

FOGELBACH v. WAL-MART STORES, INC.

United States Eighth Circuit
Injury & Tort Law
Under Missouri law, the constructive notice standard for slip and fall cases inside self-service stores also applies to injuries outside of the...
10/29/2001 01-1199

HOLMSTROM v. MASSANARI

United States Eighth Circuit
Government Benefits
In determining whether applicant had residual function capacity, evidence that applicant needed to lie down several times a day is sufficient to...
10/29/2001 01-1432

DULLEA LAND CO. v. IDEAL AG CORP.

United States Eighth Circuit
Bankruptcy Law
In determining whether a preferential transfer took place, a bankruptcy court may disregard the valuation of the debtor if it is contradicted by...
10/29/2001 01-6037

US v. CAMPBELL

United States Eighth Circuit
Criminal Law & Procedure, Sentencing
Apprendi does not apply to 18 USC 924 sentence enhancements for prior convictions.
10/29/2001 01-1485

US v. RAYL

United States Eighth Circuit
Criminal Law & Procedure, Cyberspace Law, Evidence
Witness testimony and physical evidence corroborating it are sufficient to support a conviction of enticing a minor to produce sexually explicit...
10/29/2001 01-1338