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| Adelson v. Hananel, Nos. 06-2281, 06-2282,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 5, 2007, Decided
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Overview: Judgment of dismissal for forum non conveniens was reversed because the existence of concurrent litigation was not a relevant factor to the analysis and by focusing on the existence of parallel proceedings in a foreign court, the district court converted the analysis into a determination of which of the two pending cases should have gone forward.
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| Alvarado Aguilera v. Negron, No. 06-2467,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 5, 2007, Decided
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Overview: Officials' promise of a permanent government position to the temporary employees was insufficient to establish they possessed a constitutionally protected property interest in the permanent position. Accordingly, the employees failed to assert a plausible entitlement to relief under the Due Process Clause of the Fourteenth Amendment.
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| Curran v. Cousins, No. 07-1686,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 5, 2007, Decided
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Overview: Under the First Amendment, correctional officer was properly discharged from employment for his speech, particularly an internet posting on union's website, because concerns of sheriff's department about disruption were reasonable. Officer's statements undermined confidence in the administration and interfered with regular operation of department.
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| Havlik v. Johnson & Wales Univ., No. 07-1879,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 5, 2007, Decided
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Overview: In the absence of any probative evidence that the appeal officer ignored promised protections, improperly consulted certain proof, or acted arbitrarily in carrying out the procedures limned in the handbook, the student's reasonable expectations were not thwarted. Thus, the university was entitled to summary judgment on the breach of contract claim.
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| Sleeper v. Spencer, No. 06-2477,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 5, 2007, Decided
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Overview: Dismissal of an inmate's 28 U.S.C.S. § 2254 habeas corpus petition claiming ineffective assistance of counsel under the Sixth Amendment was affirmed because the state appeals court's determination that the inmate suffered no prejudice from counsel's references to an insanity defense was reasonable in light of controlling Supreme Court precedent.
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| United States v. Edgerton, No. 06-2518,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 6, 2007, Decided
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Overview: At defendant's trial for violating 18 U.S.C.S. § 922(a)(6), jury instructions were proper because they closely tracked statutory language and informed jury that it could convict if defendant knowingly made a false statement to a licensed firearms dealer and statement was likely to deceive. Deceptive intent was not required if this standard was met.
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| Hoxha v. Mukasey, No. 07-1076,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 7, 2007, Decided
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Overview: Alien's petition for review of the denial of his application for asylum was denied because the IJ's credibility determination, as deferred to by the BIA, was supported by substantial evidence on the record considered as a whole where there were inconsistencies that had to do with whether the alien or his family were harassed or beaten.
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| Lumanauw v. Mukasey, No. 07-1307,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 7, 2007, Decided
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Overview: Petition for review of alien seeking withholding of removal was denied because IJ's finding of failure to meet burden to prove likelihood of future persecution was amply supported by substantial record evidence. IJ fairly inferred that threat of Muslim ex-fiance to kill alien and kidnap minor daughter was essentially part of child custody battle.
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| United States v. Brown, Nos. 05-2830, 06-1306,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 7, 2007, Decided
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Overview: Denial of defendant's motion to suppress was affirmed because when defendant was placed under arrest, he was not within an area that came under his home's umbrella of Fourth Amendment protection since he had no reasonable expectation of privacy in a public outdoor area, and as a consequence, the police did not need a warrant to arrest him.
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