1st Circuit Court of Appeals, June, 2007, Federal Case law

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Federal Courts - 1st Circuit Court of Appeals - June 15 - June 19, 2007

Puerto Rico v. United States, No. 06-2449, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 15, 2007, Decided
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Overview: Decision holding that FBI did not err in withholding requested information from the Puerto Rico Department of Justice was affirmed because the FBI was entitled to assert a qualified privilege to protect sensitive law enforcement techniques and procedures from disclosure. The court extended a previously recognized privilege to cover such matters.

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United States v. Hernandez, No. 05-2835, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 15, 2007, Decided
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Overview: Conviction was affirmed because, contrary to defendant's arguments, no constructive amendment occurred, there was no error in mentioning an alleged meeting with codefendants in a jury instruction, there was no Brady/Giglio error in admitting cell phone evidence, and a "mere presence" instruction was in fact given.

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United States v. Shelton, No. 06-1979, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 15, 2007, Decided
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Overview: Defendant failed to show that the trial court's decision that he had not satisfied his burden of proving his insanity under 18 U.S.C.S. ? 17 by clear and convincing evidence was not based on sufficient evidence; the trial court fairly weighed the defense expert's limited knowledge in finding him less credible than the government's expert.

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Whispering Pines Estates, Inc. v. Flash Island, Inc. (In re Whispering Pines Estates, Inc.), BAP NO. NH 07-002, UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, June 15, 2007, Decided
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Overview: Debtor's appeal of a Chapter 11 confirmation order was so closely related to a motion for stay relief that the entry of the stay relief order impermissibly interfered with the debtor's rights in its appeal, and bankruptcy court lacked jurisdiction during the pending appeal to enter the order for relief from stay.

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Ramallo Bros. Printing, Inc. v. El Dia, Inc., No. 06-2512, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 18, 2007, Decided
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Overview: Dismissal of printing company's antitrust suit against newspaper publishers and their related printing business was affirmed because alleged changed circumstances, regarding publishers' refusal to include supplement printed by printing company, were legally insignificant from facts alleged in an earlier suit and did not defeat collateral estoppel.

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Rodriguez-Ortiz v. Margo Caribe, Inc., No. 06-1765, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 18, 2007, Decided
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Overview: Claim under ? 10(b) of the Securities and Exchange Act of 1934, 15 U.S.C.S. ? 78j(b) and Rule 10b-5, promulgated thereunder, 17 C.F.R. ? 240.10b-5, was properly dismissed for failure to meet PSLRA, 15 U.S.C.S. ? 78u-4(b), pleading requirements as, though misleading statements were specified, facts supporting a strong inference of scienter were not.

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Segarra Miranda v. Garrido Pagan (In re Garrido Jimenez), BAP NO. PR 06-044, UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, June 19, 2007, Decided
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Overview: Deed was properly avoided pursuant to where it was not recorded until after the commencement of debtor's case. As of the commencement of the case, the unrecorded interest was not effective against the Trustee as a hypothetical bona fide purchaser under Puerto Rico law and Trustee had the power to avoid the transfer under 11 U.S.C.S. ? 544(a)(3).

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