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| Granda v. City of St. Louis, No. 06-2309,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 4, 2007, Filed
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Overview: A city was properly granted summary judgment on a parent's claim that it violated her due process rights because the judicial order of a municipal judge, which incarcerated the parent in a truancy case under St. Louis, Mo., Rev. Code § 15.120.030, was not a final policy decision of a type creating municipal liability under 42 U.S.C.S. § 1983.
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| In re Grand Jury Subpoenas, No. 05-3886,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 4, 2007, Filed
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Overview: A corporation that was the target of a grand jury investigation was entitled to remand to district court for a ruling on the issue of allowing the corporation access to ex parte materials; the corporation was properly denied relief on motions for contempt, to quash subpoenas, as there was no misapplication of Fed. R. Crim. P. 6(e).
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| Jallow v. Gonzales, No. 06-1610,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 4, 2007, Filed
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Overview: Court was precluded from reviewing a denial of an asylum claim for lack of timeliness because the alien did not qualify for one of the exemptions under 8 U.S.C.S. § 1158(a)(2)(D) and the determination was committed to the discretion of the Attorney General.
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| K.C. 1986 L.P. v. Reade Mfg., Nos. 05-2064 & 06-1944, No. 05-2068,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 4, 2007, Filed
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Overview: In CERCLA suit to allocate cleanup cost and reimbursement rights among successive owners of contaminated land, district court erred in refusing to allocate settlement credits as same was required by CERCLA and erred in ruling that last owner was liable under "substantial continuity test" because there was no evidence of sham or pass-through entity.
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| On Target Sporting Goods, Inc. v. AG of the United States, No. 06-1551,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 4, 2007, Filed
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Overview: Government was properly granted summary judgment on dealer's challenge to the refusal to renew its federal firearms license because evidence that dealer's owner was aware of and fell behind on his record-keeping duties and sold a firearm to a convicted felon demonstrated that dealer willfully violated 18 U.S.C.S. § 923(g) and 27 C.F.R. § 478.124.
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| Ringo v. Roper, No. 05-4005,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 4, 2007, Filed
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Overview: Federal habeas petition alleging ineffective assistance was properly denied under AEDPA because state court did not unreasonably apply Strickland in determining that counsel was not required to investigate further and follow mild suggestion of neuropsychologist, who did not diagnose a condition, to consult psychologist on prisoner's possible PTSD.
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| United States v. Dodd, No. 05-3359,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 4, 2007, Filed
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Overview: Defendant's convictions for drug possession, distribution, and conspiracy and U.S. Sentencing Guidelines Manual § 3B1.1(a) enhancement for his aggravating role in the offenses were supported by sufficient evidence, including witness testimony that he transported, cooked, and packaged cocaine, supplied it to them for sale, and had a gun.
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| United States v. Gayekpar, Nos. 06-1595/1807,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 4, 2007, Filed
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Overview: Though court ruled that 18 U.S.C.S. § 472 was constitutionally applied to conduct involving defendant's alteration of genuine U.S. currency, a "time-served" sentence of 8 months greatly varied from advisory range of 21 to 27 months; as trial court did not offer basis for the same but merely cited to 18 U.S.C.S. § 3553(a), resentencing was required.
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