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| South Dakota v. United States DOI, No. 06-1150,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, June 1, 2007, Filed
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Overview: District court properly upheld Department of Interior's decision to take land into trust for Flandreau Santee Sioux Tribe (FSST) because § 5 of Indian Reorganization Act did not violate non-delegation doctrine, and Secretary acted within his statutory authority in acquiring land in trust for FSST to gain self-support and economic benefits.
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| United States v. Marasco, No. 06-3152, No. 06-3238,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, June 1, 2007, Filed
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Overview: Although appeals court had jurisdiction under 18 U.S.C.S. § 3731 over government's appeal from an order partially granting suppression motion, it lacked jurisdiction over defendant's cross-appeal from same order. Defendant's statements were erroneously ordered to be suppressed. No causal nexus existed between statements and illegal search of purse.
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| United States v. Whitehead, No. 06-3278,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, June 1, 2007, Filed
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Overview: Because defendant had been convicted of five prior felony drug offenses and because cocaine distribution represented a grave threat to society, his mandatory life sentence 21 U.S.C.S. § 841(b)(1)(A)(iii) was not grossly disproportionate to the crime and did not constitute cruel and unusual punishment in violation of the Eighth Amendment.
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| Altonen v. City of Minneapolis, No. 06-3527,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, June 4, 2007, Filed
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Overview: Where defendants showed that lieutenant's reassignment followed the resignation of a director which caused a shift in positions throughout the department, and that two chief deputies questioned the quality of lieutenant's contribution to the management team, she did not present sufficient evidence to establish a prima facie case of retaliation.
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| Lewallen v. Green Tree Servicing, L.L.C., No. 06-1925,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, June 4, 2007, Filed
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Overview: Where creditors defending against a debtor's adversary action could have requested arbitration approximately 11 months sooner, had participated in discovery, and had urged the bankruptcy court to dispose of the debtor's claims on the merits, such actions were inconsistent with the creditors' right to arbitrate, thereby resulting in waiver.
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| Taylor v. Crawford, No. 06-3651,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, June 4, 2007, Filed
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Overview: The judgment finding that Missouri's lethal injection protocol was unconstitutional was reversed because the written protocol did not violate the Eighth Amendment; the experts agreed that if a 5-gram dose of thiopental was successfully delivered, there was virtually no risk that an inmate would suffer pain through the three-chemical sequence.
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| United States v. Jones, No. 06-2901,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, June 4, 2007, Filed
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