1st Circuit Court of Appeals, February, 2010, Federal Case law

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Federal Courts - 1st Circuit Court of Appeals - February 3 - February 5, 2010

Abrante v. St. Amand, No. 09-1020, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 3, 2010, Decided
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Overview: Habeas petitioner had provided no evidence of any agreement between inmate informants and police that existed before the informants heard the petitioner's admissions about his involvement in a series of armed robberies. Thus, there was no evidence of a violation of the Sixth Amendment right to counsel by police soliciting the informants.

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Evans Cabinet Corp. v. Kitchen Int'l, No. 08-2579, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 3, 2010, Decided
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Overview: Where a Quebec company argued that a Georgia company's contract action was barred by res judicata by virtue of a prior Quebec default judgment, summary judgment was inappropriate as to whether the Quebec court had personal jurisdiction because the parties disputed whether the Georgia company had engaged in any business in Quebec.

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Janosky v. St. Amand, No. 09-1012, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 3, 2010, Decided
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Overview: Habeas petitioner's Sixth Amendment ineffective assistance of counsel claim was properly denied because given the substantial evidence of his guilt, there was no reasonable probability that, had his attorney handled a matter involving hearsay evidence as the petitioner suggested, the outcome of his trial would have changed.

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Perez-Valenzuela v. Holder, No. 09-1635, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 3, 2010, Decided
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Schell v. Kent, No. 09-1687, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 3, 2010, Decided
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Overview: There was no error in a district court's reliance on defendant's admissions by silence under Fed. R. Civ. P. 36(a)(3) in granting summary judgment on plaintiff's indemnity claim. There was also ample evidence on which a jury did, and was entitled to, see things plaintiff's way on the fraud claim against defendant.

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Estrada v. Rhode Island, No. 09-1149, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 4, 2010, Decided
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Overview: Because the law was not clearly established that a state police officer should have known that he could not investigate further the immigration status of passengers in a van that was stopped for a traffic violation, he was entitled to qualified immunity for any violations committed in asking about their status and in contacting immigration.

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United States v. Bater, No. 08-2253, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 4, 2010, Decided
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Overview: Defendant argued that the district court erred by not dismissing his indictment for impermissible delay due to the over four-year gap between the finding of a firearm and his indictment for being a felon in possession of a firearm, but there was no evidence that the government delayed the indictment to deprive defendant of his nephew's testimony.

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Richardson v. Friendly Ice Cream Corp., No. 08-2423, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 5, 2010, Decided
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Overview: Because a former employee failed to present sufficient evidence for a reasonable jury to find that she was a qualified individual within the meaning of the ADA or Maine's Human Rights Act, her discriminatory discharge claim failed. Her interactive process claim also failed because the interaction could not have led to a reasonable accommodation.

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United States v. Santiago-Rivera, No. 08-1499, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 5, 2010, Decided
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Overview: A sentence for revocation of supervised release, 18 U.S.C.S. ? 3583, was vacated because the district court committed a procedural error by relying upon an impermissible factor in fashioning its sentence, namely, it explicitly fashioned a federal sentence in order to influence the manner in which a Puerto Rico murder sentence was implemented.

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