United States Eighth Circuit - November 2005 Opinion Summaries

Scarberry v. State of Iowa

Criminal Law & Procedure, Habeas Corpus
Grant of writ of habeas corpus for defendant on grounds of ineffective assistance of counsel is reversed where no "reasonable probability" existed...

U.S. v. Vinton

Criminal Law & Procedure, Evidence, Sentencing
Defendant's convictions and sentence for drug related offenses are affirmed over his claims of error regarding: 1) sufficiency of the evidence, 2) the...

US v. Schafer

Criminal Law & Procedure, Sentencing
Defendant's sentence for child pornography offenses is affirmed pursuant to Booker where the record contained nothing to suggest that defendant would...

Randall v. Federated Retail Holdings, Inc.

Contracts, Property Law & Real Estate, Remedies
Directed verdict for department store-defendant in a nuisance action involving defendant's land use is affirmed where plaintiffs failed to establish...

Nance v. Norris

Criminal Law & Procedure; Habeas Corpus

US v. Cawthorn

Criminal Law & Procedure, Evidence, Sentencing
Defendant's conviction and sentence on drug offenses are affirmed over his claims of error regarding: 1) admission of evidence, 2) sufficiency of the...

Cornish v. Fed. Aviation Admin.

Administrative Law, Civil Procedure, Government Law, Health Law
Petition for review of dismissal of plaintiff's administrative appeal is denied where plaintiff failed to timely file his appeal brief, thereby...

Reprod. Health Servs. v. Nixon

Constitutional Law, Criminal Law & Procedure, Health Law
Summary judgment for plaintiffs, finding Missouri's law criminalizing partial birth abortions unconstitutional, is affirmed where defendant did not...

US v. Susel

Criminal Law & Procedure; Sentencing; Evidence; Copyright; Cyberspace Law; Intellectual Property

US v. Ray

Criminal Law & Procedure; Cyberspace Law; Evidence