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| Fender v. Bull, No. 04-3898,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 10, 2006, Filed
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Overview: Summary judgment in favor of a correctional officer, who was in charge of opening the gallery and cell doors on the day the prisoner was attacked, was affirmed because the prisoner's Eighth Amendment theory that the officer was "in on it" since the attacker could not have entered his cell without help failed to create a "genuine" issue of fact.
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| Harris v. Ark. State Highway & Transp. Dep't, No. 05-2005,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 10, 2006, Filed
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Overview: Plaintiff's attorney had express authority to enter into settlement agreement on plaintiff's behalf in discrimination suit where attorney stated to plaintiff that proposed settlement would resolve her entire action and plaintiff expressly agreed to settle case. Plaintiff's spoken words caused attorney to believe plaintiff wanted him to settle case.
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| Hunt v. Metro. Life Ins. Co., No. 04-1916,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 10, 2006, Decided
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| Montagne v. Comm'r, No. 04-4137,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 10, 2006, Filed
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Overview: Tax court did not clearly err in its finding that taxpayers' horse breeding and training activities were not engaged in for profit, under 26 U.S.C.S. § 183, where evidence established, inter alia, that taxpayers lacked a written business plan or financial projections, and they maintained a single bank account for both personal and farm expenses.
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| United States v. Boyster, No. 05-1690,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 10, 2006, Filed
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Overview: That Governor of Arkansas had not issued proclamation authorizing National Guard to aid law enforcement did not invalidate Guard's aerial surveillance, which found marijuana growing on defendant's land, as Ark. Code Ann. § 12-61-115(a) did not state that Governor could only call up Guard by means of proclamation or that proclamation was necessary.
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| United States v. Griffin, No. 05-1253,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 10, 2006, Filed
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Overview: Prosecutor's questions during defendant's cross-examination concerning a prior felony assault conviction was not prosecutorial misconduct because prosecutor had a good faith basis to argue that prior conviction was admissible under Fed. R. Evid. 609, defendant's objection was sustained, and district court instructed jury to disregard the questions.
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| United States v. Hively, No. 04-3349, No. 04-3352,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 10, 2006, Filed
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Overview: Sufficient evidence supported defendants' convictions for mail fraud under 18 U.S.C.S. § 1341 and RICO violations based on schemes to obtain grant money for legal work because, inter alia, evidence showed that one defendant had been primarily responsible for the legal matters despite the other defendant's representations.
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