United States Eighth Circuit - December 2004 Opinion Summaries

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Description Date Docket #

US v. HILLIARD

United States Eighth Circuit
Criminal Law & Procedure, Habeas Corpus
District court did not err in granting defendant habeas relief based on its holdings that his trial counsel was ineffective for failing to file a...
12/28/2004 04-1033

US v. HARDY

United States Eighth Circuit
Criminal Law & Procedure, Sentencing
Sawed-off shotgun was destructive device for purposes of Guidelines Section 2K2.1(b)(3).
12/28/2004 04-1875

CLEVENGER v. GARTNER

United States Eighth Circuit
Civil Rights, Constitutional Law, Injury & Tort Law
Plaintiff's civil rights suit, alleging his conviction does not require a DNA sample under Missouri's "DNA Profiling System" statute, is dismissed...
12/27/2004 03-1997

MILLER v. NORTHWESTERN MUT. LIFE INS. CO.

United States Eighth Circuit
Insurance Law, Labor & Employment Law
Plaintiff-insured was not totally disabled within the meaning of his disability income insurance policy as he was able to perform at least one of the...
12/23/2004 03-3989, 03-4001

IN RE: EVELETH MINES

United States Eighth Circuit
Bankruptcy Law, Civil Procedure, Tax Law
In a dispute concerning liability for the Taconite Production Tax, the bankruptcy court should have abstained from exercising its jurisdiction because...
12/23/2004 04-6045, 04-6048

US v. CLAWSON

United States Eighth Circuit
Criminal Law & Procedure, Sentencing
District court did not err in imposing enhancement under Section 2G2.2(b)(2)(C) for distribution of child pornography to a minor.
12/21/2004 03-3910

NELSON v. HVASS

United States Eighth Circuit
Criminal Law & Procedure, Habeas Corpus
Denial of plaintiff's petition for habeas relief is affirmed where the Minnesota courts did not unreasonably apply clearly established federal law in...
12/21/2004 03-1612

OBLESHCHENKO v. ASHCROFT

United States Eighth Circuit
Immigration Law
Plaintiffs' petition for review is denied over their challenge that counsel for the hearing before the Immigration Judge provided them with...
12/20/2004 02-4123

US v. GHANE

United States Eighth Circuit
Criminal Law & Procedure
In a competency hearing, the district court's order to involuntarily medicate defendant is reversed where a five to ten percent chance of restored...
12/20/2004 04-1769

ABDULLAH v. HEDRICK

United States Eighth Circuit
Criminal Law & Procedure, Habeas Corpus
Dismissal of plaintiff's habeas corpus petition is affirmed where the district court had no jurisdiction to consider plaintiff's claim.
12/17/2004 03-1645