United States Eighth Circuit - October 2004 Opinion Summaries

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Description Date Docket #

HAYES v. FAULKNER COUNTY

United States Eighth Circuit
Criminal Law & Procedure
The Due Process clause forbids an extended detention, without a first appearance, following an arrest by warrant and plaintiff's 38-day pre-appearance...
10/29/2004 03-3787

RYAN v. CLARKE

United States Eighth Circuit
Criminal Law & Procedure, Habeas Corpus
Death row inmate raises two meritless points of error on direct appeal.
10/29/2004 03-3642

LOPEZ-FLORES v. DEP'T OF HOMELAND SECURITY

United States Eighth Circuit
Immigration Law
Plaintiff's petition for review is granted and the case is remanded for an opportunity to seek discretionary adjustment of status as a defense to the...
10/28/2004 03-1970

ORTLIEB v. UNITED HEALTHCARE

United States Eighth Circuit
ERISA, Health Law, Labor & Employment Law
Denial of health care coverage for Total Parenteral Nutrition treatment, on the basis it was experimental, investigational or unproven, is affirmed...
10/28/2004 04-1383

US v. STROPES

United States Eighth Circuit
Criminal Law & Procedure
Defendant's drug conviction is affirmed over his challenge that the district court erred in determining that officers who executed a search warrant...
10/28/2004 04-1312

US v. CLEMONS

United States Eighth Circuit
Asset Forfeiture, Criminal Law & Procedure
Forfeiture of defendant's automobile is reversed and remanded for additional findings relating to whether the forfeiture is constitutionally...
10/27/2004 03-1925

US v. ALVARADO-RIVERA

United States Eighth Circuit
Criminal Law & Procedure, Sentencing
Defendants' sentences for drug convictions are affirmed where the "safety valve" provision of 18 U.S.C. section 3553(f) does not apply to defendants...
10/26/2004 03-2308

BOHAC v. WALSH

United States Eighth Circuit
Administrative Law, Bankruptcy Law, Commercial Law, Government Law, Injury & Tort Law
District court properly dismissed claims against defendant Small Business Administration on grounds of sovereign immunity where plaintiff's fraud...
10/25/2004 03-3432

PRESCOTT v. LITTLE SIX, INC.

United States Eighth Circuit
ERISA, Gaming Law, Indian Law, Labor & Employment Law
In a suit for employment benefits, denial of Defendant-employer's motion to dismiss is reversed where the district court erred in not giving proper...
10/21/2004 03-3702

RIGGS v. KANSAS CITY PUB. SCH. DIST.

United States Eighth Circuit
Education Law, Labor & Employment Law
Plaintiff failed to show the legitimate non-discriminatory reasons stated for his discharge were pretexts for race discrimination, and the district...
10/20/2004 03-3091