United States Eighth Circuit - January 2002 Opinion Summaries
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| Description | Date | Docket # |
|---|---|---|
ROBINSON v. CRISTUnited States Eighth Circuit
Criminal Law & Procedure, Habeas CorpusAlthough a prosecutor may not directly comment on a defendant's failure to testify, there is no prosecutorial misconduct if prosecutor's comments were... |
01/30/2002 | 01-2199 |
SPANGLER v. FED. HOME LOAN BANK OF DES MOINESUnited States Eighth Circuit
Labor & Employment LawAn employer who terminated an employee after she was repeatedly absent from work may have violated the Family and Medical Leave Act (FMLA), 29 U.S.C.... |
01/30/2002 | 01-2476 |
CRAIGHEAD ELEC. COOP. CORP. v. CITY WATER AND LIGHT PLANT OF JONESBOROUnited States Eighth Circuit
Property Law & Real Estate, Public UtilitiesOn appeal from court-ordered taking of a public utility's operation, when two state statutes concerning utilities are in conflict, one that prohibits... |
01/30/2002 | 01-2048 |
US v. BOUGIEUnited States Eighth Circuit
Criminal Law & Procedure, SentencingWhen sentencing a defendant convicted of car-jacking, under 18 U.S.C. section 2119(1), a court may not depart upward on the basis of the presence of... |
01/30/2002 | 01-1764 |
NORTH GRAND MALL ASSOC., LLC. v. GRAND CENTER, LTD.United States Eighth Circuit
Contracts, Property Law & Real EstateIn a dispute over an option to purchase a lease, if the method of price computation is unambiguous on it face, real estate custom cannot prevail... |
01/30/2002 | 01-1237 |
SEXTON v. KEMNAUnited States Eighth Circuit
Criminal Law & Procedure, SentencingThe denial of the presumption of vindictiveness when a sentencing judge reimposes the same total sentence in a multi-count case, under North Carolina... |
01/29/2002 | 00-2764 |
DORSEY v. PINNACLE AUTOMATION CO.United States Eighth Circuit
Labor & Employment LawBecause appellants were aware of neither possible ADEA violations nor promotion opportunities, the doctrines of equitable estoppel and equitable... |
01/29/2002 | 00-3558, 01-1030 |
MOYSIS v. DTG DATANETUnited States Eighth Circuit
Injury & Tort Law, Labor & Employment LawPlaintiff will prevail on a claim of Intentional Infliction of Emotional Distress where employers 1) knew of his strong desire to return to work after... |
01/29/2002 | 00-3943, 00-3992 |
US v. MORENOUnited States Eighth Circuit
Criminal Law & ProcedureAn initial statement made by officer to defendant that he must either consent to a search of his car or incriminate himself by refusing, was not... |
01/29/2002 | 01-1612 |
JOHNSON v. USUnited States Eighth Circuit
Criminal Law & Procedure, Habeas CorpusWhile robbing a bank, the fact that defendant merely showed the teller the hand grip of his gun, is sufficient to find defendant used a gun during and... |
01/29/2002 | 01-1630 |
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