Unquantified Nominal Damage Award Rendered Judgment Non-Final, Holds Eighth Circuit

In Perficient, Inc. v. Munley, No. 21-2121 (8th Cir. Aug. 9, 2022), the Eighth Circuit was compelled to dismiss an appeal of a summary judgment decision for the plaintiff because the judge left the nominal damage award unfinished. “Perficient moved for summary judgment against its former employee Munley and Munley’s new employer Spaulding Ridge inContinue reading “Unquantified Nominal Damage Award Rendered Judgment Non-Final, Holds Eighth Circuit”

Court Could Judicially Notice That a Federal Prison Hospital Was Within the “Special Maritime and Territorial Jurisdiction” of the United States, Holds Eighth Circuit

Upholding the conviction of a federal prisoner for assaulting a fellow inmate, the Eighth Circuit holds in United States v. Love, No. 20-3386 (8th Cir. Dec. 14, 2021) that it did not violate the defendant’s Sixth Amendment rights for the court rather than the jury to find that the place of the assault was withinContinue reading “Court Could Judicially Notice That a Federal Prison Hospital Was Within the “Special Maritime and Territorial Jurisdiction” of the United States, Holds Eighth Circuit”

Eighth Circuit Agrees With Third and Seventh That Social Media Site May Be Authenticated With Extrinsic Evidence Under Fed. R. Evid. 901(a)

In United States v. Lamm, No. 20-1128 (8th Cir. July 29, 2021), the Eighth Circuit affirmed a conviction for distribution, production, and possession of child pornography, holding that the district court did not err in admitting evidence from the defendant’s Facebook page over objections to authentication and hearsay. “A Homeland Security Special Agent was investigatingContinue reading “Eighth Circuit Agrees With Third and Seventh That Social Media Site May Be Authenticated With Extrinsic Evidence Under Fed. R. Evid. 901(a)”

Opening a Trap for the Unwary, the Eighth Circuit Holds That the Fourteen-Day Period to File a Fee Petition Under Fed. R. Civ. P. 54 Applies to Preliminary Injunctions

In Spirit Lake Tribe  v. Jaeger, No. 20-2142 (8th Cir. July 16, 2021), the Eighth Circuit holds that a fee petition for work performed on a preliminary injunction must be submitted within 14 days of the interlocutory order, rather than waiting until the final judgment, contrary to the Advisory Committee Note’s commentary. “The plaintiffs suedContinue reading “Opening a Trap for the Unwary, the Eighth Circuit Holds That the Fourteen-Day Period to File a Fee Petition Under Fed. R. Civ. P. 54 Applies to Preliminary Injunctions”

Defendant Waited Too Long to Move for Forum Non Conveniens, Holds Eighth Circuit

In Hersh  v.  CKE Restaurants Holdings, Inc., No. 19-2794 (8th Cir. Apr. 28, 2021), the Eighth Circuit holds that under any standard of timeliness, the defendants waited too long to raise their forum non conveniens defense – 18 months after the case commenced. The case involved a wrongful death, an electrocution at an indoor playgroundContinue reading “Defendant Waited Too Long to Move for Forum Non Conveniens, Holds Eighth Circuit”

Eighth Circuit Affirms Assault Conviction Over a Host of Hearsay Objections

In United States v. Earth, No. 19-1555 (8th Cir. Jan. 11, 2021), the Eighth Circuit upholds a conviction for assault on the Rosebud Indian Reservation, overruling several hearsay objections including comments made for medical treatment and “excited utterances.” Defendant Earth was charged with stabbing a cousin during a domestic dispute. “At trial, the defense concededContinue reading “Eighth Circuit Affirms Assault Conviction Over a Host of Hearsay Objections”

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”

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”

Testimony About Anonymous Crime Tip Written on a Traffic Cone Outside Suspect’s Home Was Inadmissible Hearsay, But Not Grounds for Reversal, Holds Eighth Circuit

In United States v. Bartunek, No. 19-1584 (8th Cir. Aug. 12, 2020), the Eighth Circuit holds that it was error for a police investigator to testify about a message left anonymously outside a suspect’s home – a traffic cone with the word “chimo” (for “child molester”) written near the bottom. The conviction stands, though, becauseContinue reading “Testimony About Anonymous Crime Tip Written on a Traffic Cone Outside Suspect’s Home Was Inadmissible Hearsay, But Not Grounds for Reversal, Holds Eighth Circuit”

“Inherent Power” Sanction Against Second Failed TRO Motion Upheld by Split Eighth Circuit Panel

An internecine battle for control of the Eagle Forum – Schlafly  v.  Eagle Forum, No.  19-2174 (8th Cir. July 30, 2020) – leads to a $9,851.25 attorney’s fees sanction under the district court’s “inherent power,” an award affirmed by a divided Eighth Circuit panel.    Plaintiff Andrew L. Schlafly, son of Eagle Forum founder PhyllisContinue reading ““Inherent Power” Sanction Against Second Failed TRO Motion Upheld by Split Eighth Circuit Panel”