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| Bell v. AG of Iowa, No. 06-1535,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 26, 2007, Filed
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Overview: Where an inmate's Fifth Amendment habeas claim was procedurally defaulted on independent state law grounds because the motion to suppress was not timely filed under state law, the court was precluded from reviewing the claim because the cause of the untimely filing was attributable to the inmate, and, therefore, insufficient to excuse the default.
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| Fletcher v. Burlington N. & Santa Fe Ry. Co., No. 06-2156, No. 06-2159, No. 06-2162, No. 06-2164,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 26, 2007, Filed
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Overview: Summary judgment was properly granted for railroad and city, and against adjacent landowners, where the railroad abandoned a rail line and entered into a process to convert the rail line to trail use, pursuant to the National Trails System Act, 16 U.S.C. § 1247(d). Mo. Rev. Code §§ 389.650, 389.665 did not impose further duties on the railroad.
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| Morris v. McFarland Clinic, P.C., No. 06-1964,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 26, 2007, Filed
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| Riggins v. Pulaski Bank & Trust Co., No. 06-3053,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 26, 2007, Filed
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| United States v. Cubillos, No. 06-2228,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 26, 2007, Filed
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Overview: Defendant's drug conspiracy conviction and sentence were affirmed because multiple witnesses testified as to defendant's involvement in the conspiracy, the jury instructions were proper, he was not entitled to a minor role reduction based on his activities within the conspiracy, and his sentence was reasonable.
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| United States v. Herrera-Gonzalez, No. 06-2245,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 26, 2007, Filed
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Overview: Grant of motion to suppress was reversed because under the circumstances of the stop--the 10 to 15 second crossing of the fog line, the clear daytime weather condition and the fact that there was a full lane of travel between defendant and the tow trucks, the officer had an objectively reasonable basis to believe that a violation had occurred.
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| United States v. Rouillard, No. 06-1857,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 26, 2007, Filed
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Overview: A district court abused its discretion in imposing a sentence to 120 months imprisonment, which amounted to eight level variance over and above a four level departure imposed on defendant for his understated criminal history pursuant to U.S. Sentencing Guidelines Manual § 4A1.3. The sentence imposed created an unreasonable disparity.
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