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| Atsiz v. Gonzales, No. 06-2983,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 22, 2007, Filed
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Overview: Court lacked jurisdiction to review an alien's argument that the IJ failed to consider all the evidence presented and failed to consider the cumulative probability of torture in violation of applicable regulations and case law as he sought review of factual determinations over which the court had no jurisdiction pursuant to 8 U.S.C.S. § 1252(a)(2).
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| Skit Int'l, Ltd v. DAC Techs. of Ark., No. 06-3496,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 22, 2007, Filed
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Overview: Hong Kong corporation's action to set aside Florida corporation's state court judgment for lack of service and jurisdiction was denied under Rooker-Feldman doctrine because it collaterally attacked state court judgment on the same grounds raised unsuccessfully in the state trial court and there was no exception for an untimely state court appeal.
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| United States v. Opare-Addo, No. 06-2431,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 22, 2007, Filed
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Overview: Appeals court rejected defendant's claim that jury could not have him found guilty of counts 2-9 under aiding and abetting theory for violating Clean Water Act as they did not also find him guilty of count 10, which included aiding and abetting option; appeals court only considered whether sufficient evidence supported conviction, which it did.
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| Brown v. Pyatt (In re Pyatt), No. 06-3404,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 23, 2007, Filed
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Overview: In this Chapter 7 action, the reversal of a decision compelling the debtor to turn over to the estate the value of checks which amounted to $ 1938.76 was affirmed because at the time the trustee's motion to compel turnover was filed, the checks had already been honored, and the debtor then lacked "possession, custody, or control" of the funds.
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| Liberty Mut. Fire Ins. Co. v. Scott, No. 06-1626,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 23, 2007, Filed
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Overview: Insured stated in her bankruptcy petition that she owned - excluding her automobile and her dog - $ 830 in personal property; less than a year later, when seeking insurance recovery following a house fire she claimed to own $ 93,077.19 in personal property. Insured's material misrepresentation as to her personal property voided her coverage.
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| United States v. Alama, No. 06-2970,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 23, 2007, Filed
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Overview: Because the government's evidence was sufficient prove the elements of a conspiracy offense, defendant's consent to search a house in which he was hiding was not constitutionally required, and there was no error in admitting a co-conspirator's plea agreements, defendant's convictions under 21 U.S.C.S. §§ 841, 846 were affirmed.
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| United States v. McMorris, No. 06-3346,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 23, 2007, Filed
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Overview: Defendant's sentence was affirmed because the district court did not err in finding that defendant acted with malice aforethought and applying a cross-reference to U.S. Sentencing Guidelines Manual § 2A2.1(a)(2) (2003) where defendant stipulated he fired the gun at the officers pursuing him.
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| Abdul-Muhammad v. Kempker, No. 05-1872,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 24, 2007, Filed
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Overview: Inmate who filed multiple claims against multiple prison officials was entitled to have his claims reviewed individually for compliance with the exhaustion requirements of 42 U.S.C.S. § 1997e(a) because the U.S. Supreme Court clarified that not all defendants necessarily had to have been named in grievances to meet the exhaustion requirement.
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