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| Leftwich v. Maloney, No. 06-2583,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 2, 2008, Decided
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Overview: Denial of a state prisoner's 28 U.S.C.S. § 2254 petition was upheld as the evidence was sufficient, in terms of the Due Process Clause, to ground a conviction under Mass. Gen. Laws ch. 265, § 1 for murder as a principal; the jury had evidence of his admission regarding disposal of the body, a murder weapon, motive, and an attempt to clean up blood.
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| Loyo-Arevalo v. Mukasey, No. 07-2054,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 2, 2008, Decided
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Overview: Where an alien, a Guatemalan national, was denied withholding of removal, his petition for review was denied pursuant to 8 U.S.C.S. § 1252(b)(4)(B) as no reasonable factfinder would conclude to the contrary; he rested his application on an alleged shooting that was not adequately documented, and his story had numerous, unexplained, inconsistencies.
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| Rodriguez-Rivera v. Federico Trilla Reg'l Hosp., No. 07-1565,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 2, 2008, Decided
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Overview: Grant of summary judgment to the hospital was affirmed because the family failed to demonstrate how additional discovery might have advanced their cause since the very terms of the asset purchase agreement demonstrated that the hospital could not have been held liable for any acts or omissions of the previous owners of the hospital.
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| Tropnas v. Mukasey, No. 06-2784,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 2, 2008, Decided
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Overview: An alien-a Haitian-was properly denied withholding of removal because his fear of future persecution was neither subjectively genuine nor objectively reasonable as required by 8 U.S.C.S. § 1101(a)(42)(A); though he was politically active, nine years had passed since he was threatened, and he could relocate safely there to his father's house.
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| United States v. Smith, No. 07-1684,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 2, 2008, Decided
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Overview: Defendant--convicted of three cocaine-related counts under 21 U.S.C.S. § 841(a)(1)--was properly sentenced to 210 months of imprisonment with a three-year term of supervised release because the district court understood its discretion to depart from USSG range yielded by defendant's career offender status and considered all arguments for leniency.
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| In re Subpoena to Witzel, No. 07-2286,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 7, 2008, Decided
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Overview: Denial of motion to compel based on the lack of relevance of the communications between the professor and other non-parties was affirmed since the speculative and attenuated connection the organization suggested between the restrictions and the textbook review process did not provide a basis to compel discovery of the communications.
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| United States v. Ofray-Campos, Nos. 05-1461, 05-1462, 05-2315, 05-2627, 06-1005,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 7, 2008, Decided
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Overview: Where the jury during deliberations in a drug conspiracy trial sent a note to the trial judge asking whether the 37 absent co-defendants named in the indictment were in jail for a conspiracy and the judge answered "yes," the information conveyed to the jury was extrinsic and prejudicial to defendants, in violation of their Sixth Amendment rights.
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| United States v. Stewart, No. 07-1245, No. 07-1250,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 7, 2008, Decided
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Overview: Collection of DNA samples per the DNA Analysis Backlog Elimination Act of 2000, Pub. L. No. 106-546, 114 Stat. 2726, codified as amended in part at 18 U.S.C.S. § 3563 and 42 U.S.C.S. §§ 14132, 14135a, 14135e, did not violate the Fourth Amendment as to probationers as, though they pled to nonviolent crimes, DNA was not used in violent crimes only.
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| B-Real, LLC v. Melillo (In re Melillo), BAP NO. MB 07-060, Bankruptcy Case No. 07-10238-WCH,
UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, July 8, 2008, Decided
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Overview: Decision of a bankruptcy court sustaining Chapter 13 debtors' objection to a claim filed by an LLC was affirmed, pursuant to 11 U.S.C.S. §§ 501, 502, and Fed. R. Bankr. P. 3001, because the LLC did not provide sufficient evidence that it was the assignee of a credit card obligation owed by the debtors to a credit card company.
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