Table of Contents LATEST SUMMARIES Criminal Law & Procedure, Habeas Corpus, Sentencing
• Haney v. Adams
Criminal Law & Procedure, Sentencing, Evidence
• US v. Ellis
Administrative Law, Health Law, Military Law, Labor & Employment Law
• Lewis v. US
Consumer Protection Law, Government Law, Administrative Law, Civil Procedure, Commercial Law
• Pinnacle Armor, Inc. v. US
Civil Procedure, Environmental Law, Government Law, Property Law & Real Estate, Remedies, Administrative Law, Agriculture
• Sierra Forest Legacy v. Sherman
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LATEST SUMMARIES Criminal Law & Procedure, Habeas Corpus, Sentencing
Haney v. Adams, No. 09-16148
In a petition for habeas relief, judgment of the district court denying petition is affirmed where a petitioner may not raise a Batson claim in his habeas petition if the petitioner failed to object to the prosecution’s use of peremptory challenges at trial. Read more... Criminal Law & Procedure, Sentencing, Evidence
US v. Ellis, No. 09-50652
Conviction and sentencing of defendant on seven counts of bank robbery are affirmed where: 1) the government did not breach a plea agreement; 2) upward departures under U.S.S.G. section 4A1.3 is, applying the reasoning in US v. Mohamed, reviewed for substantive reasonableness, not for procedural error; and 3) district court’s sentence was substantively reasonable and any procedural error was harmless. Read more...
Administrative Law, Health Law, Military Law, Labor & Employment Law
Lewis v. US, No. 10-35624
In a dispute arising from the termination plaintiff's employment by the United States Air Force, judgment of the district court affirming a decision of the Merit Systems Protection Board in favor of the defendant is affirmed, where defendant acted within its discretion in removing plaintiff from her position after she took a leave of absence on account of the Family Medical Leave Act without the proper documentation and approval. Read more... Consumer Protection Law, Government Law, Administrative Law, Civil Procedure, Commercial Law
Pinnacle Armor, Inc. v. US, No. 08-16209
In a dispute arising from an administrative decision by defendant revoking the certification of one of plaintiff's products, judgment of the district court dismissing action is affirmed in part and reversed in part where: 1) plaintiff's due process claim fails because defendant afforded plaintiff adequate process; but 2) the propriety of defendant's decision is not committed to agency discretion by law and is therefore reviewable under the Administrative Procedure Act. Read more... Civil Procedure, Environmental Law, Government Law, Property Law & Real Estate, Remedies, Administrative Law, Agriculture
Sierra Forest Legacy v. Sherman, No. 09-17796
In a dispute concerning whether the process of establishing management guidelines for federal lands complied with both the procedural requirements of the National Environmental Policy Act (NEPA) and the substantive restrictions of the National Forest Management Act (NFMA), judgment of the district court is affirmed in part and reversed in part where: 1) adopted supplemental environmental impact statement (SEIS) adequately addressed short-term impacts to old forest wildlife and disclosed and rebutted public opposition; 2) the plaintiffs did not violate the National Environmental Policy Act (NEPA) when approving a Basin Project because the plaintiffs adequately addressed the cumulative impacts of the proposed management action; 3) the plaintiffs violated NEPA by failing to update the alternatives from a 2001framework SEIS to reflect new modeling techniques used in a 2004 statement; and 4) district court erred in granting limited injunctive relief without giving undue deference to government experts. Read more...
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