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| United States v. Robinson, No. 06-3849,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 16, 2007, Filed
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Overview: Defendant was driving in a high-crime neighborhood with a partly-concealed knife close at hand and during an otherwise-routine traffic stop, he repeatedly disobeyed orders from the police; officers thus had an articulable and objectively reasonable belief that defendant had another weapon in a bag and their protective search was constitutional.
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| Walnut Grove Ptnrs., L.P. v. Am. Family Mut. Ins. Co., No. 06-2202,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 16, 2007, Filed
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Overview: Insurer was entitled to summary judgment with respect to an insured's claim for coverage of damages resulting from mold in leased space because, given the passage of at least six months between the insured's notice of mold and the date of alleged loss, no reasonable jury could conclude the mold damage was an accident or occurrence under the policy.
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| Surveyor v. Cavaneau, No. 05-1523,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 19, 2007, Filed
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Overview: Correctional officer was improperly granted summary judgment on inmate's excessive force claims because officer failed to show that inmate did not exhaust his available remedies and inmate's deposition testimony presented trial-worthy issues as to whether officer used force to harm inmate, rather than to restore discipline or to defend himself.
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| United States v. Copley, No. 06-2773,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 19, 2007, Filed
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Overview: District court's finding that defendant suffered from mental disease or defect rendering him unable to understand nature and consequences of proceedings against him or to assist properly in his defense pursuant to 18 U.S.C.S. § 4241(d) was not clearly erroneous based on record as supplemented by testimony of forensic psychologist.
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