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| County of Harding v. Frithiof, No. 06-2793,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 5, 2007, Filed
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Overview: District court erred in holding that an excavation lease entered into by a county was invalid under S.D. Codified Laws § 7-18-32 due to the lack of a public hearing; the hearing requirement pertained only to leases valued at more than $500 and the county failed to present evidence of the fair market value of the lease at the time it was entered.
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| Green v. Dillard's, Inc., No. 06-1918,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 5, 2007, Filed
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Overview: The grant of summary judgment to the retailer on the customers' 42 U.S.C.S. § 1981 claim was reversed because there was evidence that an employee explicitly refused service to the customers when they first approached her, discouraged her coworker from assisting them by questioning their ability to pay, and treated them with pronounced hostility.
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| Houston v. Norris, No. 06-1803,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 5, 2007, Filed
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Overview: District court properly dismissed a former inmate's action for failure to exhaust administrative remedies because the documents that the former inmate offered to the district court showed that he had not exhausted his claims when he filed his initial complaint.
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| United States v. Bonahoom, No. 06-2915,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 5, 2007, Filed
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Overview: Appellate court lacked jurisdiction to address district court's denial of defendant's motion to withdraw his guilty plea because notice of appeal preceded order denying motion, premature notice of appeal did not fall within exception found in Fed. R. App. P. 4(b)(2), and R. 4(b)(3) did not save defendant's premature notice of appeal.
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| United States v. Ibarra, No. 06-3123,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 5, 2007, Filed
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Overview: Defendant's challenge to his within-guidelines 108 month sentence, which was imposed after he pleaded guilty to 21 U.S.C.S. § 841(a)(1), (b)(1)(A), cocaine possession offense, was denied. District court did not abuse its discretion in arriving at sentence. It did not give undue weight to guidelines at expense of other 18 U.S.C.S. § 3553(a) factors.
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| United States v. Perez, No. 05-3883,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 5, 2007, Filed
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