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| Namyst v. Comm'r, No. 05-1760,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 27, 2006, Filed
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Overview: Tax assessment by the United States Tax Court was affirmed as money that a taxpayer received from his employer was gross income rather than payments under an accountable plan under 26 U.S.C.S. § 62 and 26 C.F.R. § 1.62-2. Further, payments that the taxpayer received for tools he sold to his employer were a return of capital with a zero cost basis.
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| United States v. Bass, No. 03-3578,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 27, 2006, Filed
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Overview: In a very brief order, without stating its factual analysis, the court held that defendant could not show that the trial court's Booker error--sentencing defendant based in part on a judge-made drug quantity finding--constituted plain error; defendant could not show that he probably would have received a more favorable sentence absent Booker error.
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| Bucklew v. Luebbers, No. 03-3721,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 30, 2006, Filed
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Overview: Petition for a writ of habeas corpus under 28 U.S.C.S. § 2254 was denied because an inmate did not receive ineffective assistance of counsel when defense counsel failed to call an expert regarding his mental condition and the lack of ability to deliberate since there was evidence of planning a murder, and the opinion was not entirely favorable.
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| Case v. Barnhart, No. 04-4012,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 30, 2006, Filed
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Overview: Where a social security disability claimant challenged a finding that the claimant retained the capacity to work, the acknowledgment of the claimant's back pain did not preclude a finding that the pain was not disabling, the claimant's limitations were properly considered, and medical evidence disclosed no need to lie down during the day.
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| Hinshaw v. Smith, Nos. 05-1205 / 05-1217 / 05-1218,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 30, 2006, Filed
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Overview: Appellate court lacked jurisdiction to consider a decision denying a lobbyist summary judgment on a public employee's First Amendment claims as his Noerr-Pennington defense was not inextricably intertwined with a legislator's and the trustee's claims of immunity. The legislator and trustees were entitled to qualified immunity.
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| MX, Inc. v. Zotec Solutions, Inc., No. 05-2552,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 30, 2006, Filed
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Overview: Application to confirm an arbitration award was properly granted where district court applied 9 U.S.C.S. § 10(a) and found that defendant failed to demonstrate that the award was irrational or constituted manifest disregard for law, and, even if arbitrator made erroneous factual findings, that would not have established manifest disregard for law.
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| Shodeen v. Airline Software, Inc. (In re Access Air), No. 04-3626,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 30, 2006, Filed
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| Steinlage v. Mayo Clinic Rochester, No. 05-2320,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 30, 2006, Filed
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Overview: Wrongful death case should not have been dismissed based on a lack of jurisdiction under 28 U.S.C.S. § 1332(c)(2) because a trustee appointed under Minn. Stat. 573.02 was not a representative of a decedent's estate; therefore, the trustee's own state of citizenship controlled.
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| United States v. McMorrow, Nos. 04-3667 / 04-3851,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 30, 2006, Filed
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Overview: Defendant's convictions for mailing threatening communications, extortion, and threatening the use of a weapon of mass destruction were affirmed because his motivation to waive a 12-person jury under Fed. R. Crim. P. 23(b)(2) since he was incarcerated and not receiving desired medical care did not undermine the voluntariness of his stipulation.
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