United States Eighth Circuit - November 2001 Opinion Summaries

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Description Date Docket #

WESTON v. DORMIRE

United States Eighth Circuit
Criminal Law & Procedure
Evidence that victim's hands were bound is sufficient to show her death was caused by another person for second degree murder under Missouri law.
11/30/2001 00-2387

US SEC. & EXCH. COMM'N v. ZAHAREAS

United States Eighth Circuit
Securities Law
Under 15 USC 78c(a)(18), an underwriter who can refuse to sell IPO shares to a broker does not place the broker under "total control" of the...
11/29/2001 00-3047

KARTHEISER v. AM. NAT'L CAN CO.

United States Eighth Circuit
Labor & Employment Law
Under Iowa's Wage Payment and Collection Law, Iowa Code Ch. 91A applies, where employer allowed salaried supervisors to obtain overtime pay for...
11/29/2001 00-3924

CLARK v. CASPARI

United States Eighth Circuit
Criminal Law & Procedure
Police "show up" presentation of suspects to robbery witnesses for identification 30 minutes after the crime occured, while improper, may still be...
11/28/2001 00-1844

IHNEN v. US

United States Eighth Circuit
Tax Law
Tax settlement estops a taxpayer from seeking refunds for the years covered by the settlement once the statute of limitations for the IRS to seek...
11/27/2001 00-3799

US v. EVANS

United States Eighth Circuit
Criminal Law & Procedure
Juror's equivocal statement in middle of trial regarding his ability to remain impartial did not merit dismissal where ambiguity stemmed from evidence...
11/27/2001 00-2576

CALLANTINE v. STAFF BUILDERS, INC.

United States Eighth Circuit
Labor & Employment Law
Firing an employee for refusing to backdate a document by itself does not fall under the public policy exception to the at-will employment rule under...
11/27/2001 01-1201

THOMPSON v. NIXON

United States Eighth Circuit
Criminal Law & Procedure, Habeas Corpus
Under 28 USC 2244(b)(1) of the AEDPA, a successive habeas petition based on same argument as prior petition is not subject to review even if later...
11/27/2001 97-2571

US v. BARBER

United States Eighth Circuit
Criminal Law & Procedure, Sentencing
Under USSG 3D1.4(a), where a court groups counts together for sentencing purposes, they should count as only one unit.
11/26/2001 01-1798

FORD v. STUDENT LOAN GUARANTEE FOUND. OF ARKANSAS

United States Eighth Circuit
Bankruptcy Law
Under 11 USC 523(a)(8), evidence that debtor is 62-years old, has serious disability and holds her current job only through her friendship with the...
11/21/2001 01-6062