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   Federal Courts - 8th Circuit Court of Appeals - March 9, 2006

  
Canny v. Dr. Pepper/Seven-Up Bottling Group, Inc., No. 05-1491, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 9, 2006, Filed
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Overview: Where an employee with an eye disease was not reassigned, the employer was not entitled to judgment as a matter of law regarding the failure to accommodate claims under the ADA and the Iowa Civil Rights Act, because, inter alia, there was sufficient evidence that the employee could perform the essential functions of two positions.

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Gould v. Faver, No. 05-1846, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 9, 2006, Filed
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Overview: In a brief order, court affirmed a trial court's rulings in favor of defendant's in civil suit brought under 42 U.S.C.S. §§ 1983 and 1985(3); a private citizen lacked standing to challenge state actors' failure to prosecute another, which also did not raise a cognizable federal claim, and private actors were not liable under 42 U.S.C.S. § 1983.

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United States v. Johnson, No. 05-2146, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 9, 2006, Filed
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Overview: In light of the district court's reasons for admitting the evidence, and its instructions to the jury to consider the stories as evidence of defendant's predisposition and inherent tendency to commit the crimes charged, it was error for the court to admit the evidence of the stories about the rape of two teenage girls under Fed. R. Evid. 404(b).

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United States v. Littrell, No. 05-2647, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 9, 2006, Filed
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Overview: A confidential informant's reliability was sufficiently established in a search warrant affidavit, which stated that the drug task force investigator had worked with the informant for three years and that he had provided accurate and reliable information that the investigator had found to be true in effecting felony arrests.

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United States v. Walker, No. 05-3004, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 9, 2006, Filed
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Overview: Defendant's five-month prison sentence for conspiracy to commit financial aid fraud in violation of 18 U.S.C.S. § 371 was reasonable; sentence fell near bottom of range calculated under U.S. Sentencing Guidelines Manual and trial court noted its obligation to, and stated that it did, consider factors set forth in 18 U.S.C.S. § 3553(a).

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United States v. Worthing, No. 05-1779, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 9, 2006, Decided
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