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United States Second Circuit - Opinion Summaries

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Description Date Docket #

WANG v. ASHCROFT

United States Second Circuit
Criminal Law & Procedure, Habeas Corpus, Immigration Law, International Law
In a multi-claim habeas appeal, (1) Federal courts have jurisdiction to consider the United Nations Convention Against Torture (CAT) claims raised in...
02/06/2003 02-2045

US v. QUINONES

United States Second Circuit
Constitutional Law, Criminal Law & Procedure
Because the District Court's order clearly declared the Federal Death Penalty Act of 1994 (capital punishment) unconstitutional per se, and did not...
02/06/2003 02-1403, 02-1405

PURDY v. ZELDES

United States Second Circuit
Civil Procedure, Habeas Corpus, Legal Malpractice
The doctrine of collateral estoppel prevents plaintiff's malpractice suit against his former attorneys where similar issues of ineffective assistance...
02/06/2003 02-7468

EEOC v. J.B. HUNT TRANSP., INC.

United States Second Circuit
Labor & Employment Law, Transportation
Employer's choice not to employ over-the-road truck drivers who used prescription medications with side effects that might impair driving ability did...
02/05/2003 01-6084

DRAKE v. PORTUONDO

United States Second Circuit
Criminal Law & Procedure, Habeas Corpus
District court's judgment denying plaintiff's petition for habeas relief is vacated and remanded for discovery and a hearing on whether the...
02/05/2003 01-2217

DRAKE v PORTUONDO

United States Second Circuit
Criminal Law & Procedure, Evidence, Habeas Corpus
In a claim for wrongful conviction based on perjured testimony under the Due Process Clause of the Fourteenth Amendment, petitioner made a showing of...
01/31/2003 01-2217

US v. KEIGUE

United States Second Circuit
Criminal Law & Procedure, Sentencing
The district court's error, in calculating defendant's offense level using the expired version of the Guidelines in effect on the date the offense was...
01/31/2003 02-1030

US v. CROWLEY

United States Second Circuit
Criminal Law & Procedure, Sentencing
Evidence was sufficient for a jury to find that defendant took a substantial step towards the completed offense of aggravated sexual abuse, with the...
01/31/2003 02-1381

VASQUEZ v. PARROTT

United States Second Circuit
Criminal Law & Procedure, Habeas Corpus
Prisoner's first petition, seeking release from detention due to delay in state appellate review, did not count in determining whether a later...
01/29/2003 02-3610

HIGGINS v. METRO-NORTH R.R. CO.

United States Second Circuit
Injury & Tort Law, Labor & Employment Law
A co-worker's alleged conduct, which can be imputed to the employer under respondeat superior, was insufficient for an intentional infliction of...
01/29/2003 01-7704

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