In United States v. Schrank, No. 19-5903 (6th Cir. Sept. 14, 2020), the Sixth Circuit sets aside a criminal sentence for a second time, and remands for sentencing before a different judge. The defendant was convicted of downloading 1000 images of child pornography, which under the Sentencing Guidelines called for incarceration in the range ofContinue reading “District Court That Defied Sixth Circuit to Reverse Criminal Sentence a Second Time Gets Fired from Case”
Monthly Archives: September 2020
Seventh Circuit Issues Writ of Mandamus to Vacate District Court’s Grant of Stay Pending Certiorari
In In re A.F. Moore & Associates, Inc., No. 20-2497 (7th Cir. Sept. 10, 2020) (per curiam), the Seventh Circuit granted a petition for writ of mandamus to vacate a stay pending certiorari that was granted by the district court after the court of appeals had already denied it. “In January, we reversed the dismissalContinue reading “Seventh Circuit Issues Writ of Mandamus to Vacate District Court’s Grant of Stay Pending Certiorari”
Eighth Circuit Finds That Judge Who Opined from Bench That the Federal Criminal Justice System “Sucks” and Is “Really Harsh” Tainted Proceedings and Necessitates Resentencing
It is a hard rule that a judge “must not participate in [plea] discussions,” Fed. R. Crim. P. 11(c)(1). In United States v. Harrison, No. 19-2234 (8th Cir. Sept. 10, 2020), a judge committed plain error by talking a criminal defendant out of a plea deal by assuring him – incorrectly – that he wouldContinue reading “Eighth Circuit Finds That Judge Who Opined from Bench That the Federal Criminal Justice System “Sucks” and Is “Really Harsh” Tainted Proceedings and Necessitates Resentencing”
Denial of Leave to Amend Under Fed. R. Civ. P. 15(b) During Trial to Convert Facial Challenge of Ordinance to As-Applied Challenge Upheld by Eleventh Circuit
In Doe v. Miami-Dade Cnty., No. 19-10254 (11th Cir. Sept. 9, 2020), the Eleventh Circuit affirmed a district court’s decision not to allow two plaintiffs to amend their pleadings at the end of trial to add an unpled “as applied” challenge to a county ordinance which they contended imposed an ex post facto punishment. TheContinue reading “Denial of Leave to Amend Under Fed. R. Civ. P. 15(b) During Trial to Convert Facial Challenge of Ordinance to As-Applied Challenge Upheld by Eleventh Circuit”
CAFA Removal Petition Need Only Plausibly Allege – Not Prove – An Amount in Controversy, Holds Ninth Circuit
In Salter v. Quality Carriers, Inc., No. 20-55709 (9th Cir. Sept. 8, 2020), the Ninth Circuit holds that the district court erred in holding that a defendant seeking to remove a matter from state court under the Class Action Fairness Act (CAFA), 28 U.S.C § 1332(d), had to factually prove that amount in controversy wasContinue reading “CAFA Removal Petition Need Only Plausibly Allege – Not Prove – An Amount in Controversy, Holds Ninth Circuit”
Dismissal “With Prejudice” Until Heck v. Humphrey Conditions Are Met Is Not A Final Appealable Order, Holds Fifth Circuit
In Cook v. City of Tyler, Tex., No. 19-40144 (5th Cir. Sept. 4, 2020) (per curiam), the court dismisses an appeal taken by defendants in a 42 U.S.C. § 1983 wrongful imprisonment case for lack of appellate jurisdiction. The form of judgment, while final in form, was held non-final because the plaintiff had leave toContinue reading “Dismissal “With Prejudice” Until Heck v. Humphrey Conditions Are Met Is Not A Final Appealable Order, Holds Fifth Circuit”
District Court Abused Its Discretion by Failing to Appoint Counsel for Minor Child in First Amendment Case, Holds Eighth Circuit
In Crozier v. Westside Community School Dist., No. 19-1312 (8th Cir. Sept. 2, 2020), the Eighth Circuit reaffirmed the general rule that parents may not represent their minor children pro se in federal court, but under the particular facts of this case hold that the district court ought to have appointed counsel for the minor.Continue reading “District Court Abused Its Discretion by Failing to Appoint Counsel for Minor Child in First Amendment Case, Holds Eighth Circuit”
Negotiations Over Post-Termination Commission Should Have Been Excluded Under Fed. R. Evid. 408, Holds Fourth Circuit
In Macsherry v. Sparrows Point, LLC, No. 19-1281 (4th Cir. Sept. 1, 2020), a $1 million judgment in favor of plaintiff is vacated when the panel holds that evidence of negotiations over a claimed commission payment constituted offers to compromise a claim under Fed. R. Evid. 408, and thus should not have been admitted intoContinue reading “Negotiations Over Post-Termination Commission Should Have Been Excluded Under Fed. R. Evid. 408, Holds Fourth Circuit”
Prior Panel Opinion at Preliminary Injunction Stage Was Law of the Case and Thus Binding on Second Appeal of Summary Judgment, Holds Third Circuit
In Association of New Jersey Rifle and Pistol Clubs, Inc. v. Attorney General New Jersey, No. 19-3142 (3d Cir. Sept. 1, 2020) – a constitutional challenge to the state’s ban on large capacity magazines (“LCMs”) – the panel holds that the first appellate decision in the case denying a preliminary injunction (910 F.3d 106, 111Continue reading “Prior Panel Opinion at Preliminary Injunction Stage Was Law of the Case and Thus Binding on Second Appeal of Summary Judgment, Holds Third Circuit”
Settlement of Accounting Malpractice Case Was Gross Income, Holds Eleventh Circuit
In McKenney v. United States, No. 18-10810 (11th Cir. Sept. 1, 2020), in a matter of first impression, holds that the settlement of an accountant malpractice lawsuit is includable in gross income, even if the alleged damages concerned the payment of federal taxes. The panel gives no credence to several items in the record thatContinue reading “Settlement of Accounting Malpractice Case Was Gross Income, Holds Eleventh Circuit”
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