Search for: "United States Court of Appeals,eighth Circuit" Results 1501 - 1520 of 2,011
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22 Nov 2008, 2:59 pm
At the conclusion of an evidentiaryhearing in July of 2007, a circuit court judge in State v.Lightbourne concluded that the revised protocol failed to satisfythe Eighth Amendment. [read post]
12 May 2021, 8:08 pm by John Elwood
Court of Appeals for the 8th Circuit held as a matter of law that the officers’ actions were not excessive force because Gilbert’s conduct could legitimately have been interpreted as “resistance. [read post]
5 Jun 2015, 5:59 pm by John Ehrett
United States 14-772Issue: (1) Whether the Fifth Circuit's categorical rule that counsel’s failure to investigate and present even the most compelling mitigating evidence of mental illness can never prejudice the defendant at sentencing, because such evidence always establishes a degree of dangerousness presumed to outweigh any jury finding of decreased culpability, is consistent with this Court's Sixth, Eighth and Fourteenth Amendment… [read post]
20 Oct 2011, 6:18 pm by John Elwood
  The Court appears to be holding United States v. [read post]
30 Nov 2008, 11:57 pm
And the Court's answer:The Eighth Circuit has held that it does, see In re Arbitration Between Sec. [read post]
10 Jan 2018, 2:17 pm by John Elwood
Court of Appeals for the 2nd Circuit, in conflict with the decisions of three courts of appeals, erred in exercising jurisdiction under 28 U.S.C. [read post]
8 Jul 2010, 12:46 pm by Erin Miller
P. 60(b) from the district court’s judgment denying respondent Thompson’s petition for writ of habeas corpus; and (3) whether the Sixth Circuit’s decision exceeds the scope of the certificate of appealability (COA) — and thus the Court’s jurisdiction — under 28 U.S.C. [read post]
8 Nov 2022, 2:47 pm by Eugene Volokh
In 2014, the United States Court of Appeals for the Eighth Circuit determined that there was no way, consistent with First Amendment guarantees of free speech, to narrowly construe this statute. [read post]
25 Jun 2012, 9:47 am by Kali Borkoski
United States (No. 11-9307) (case page forthcoming), in which it will consider how to treat an error that becomes plain during the appeal. [read post]
25 Jun 2012, 9:47 am by Kali Borkoski
United States (No. 11-9307) (case page forthcoming), in which it will consider how to treat an error that becomes plain during the appeal. [read post]
19 May 2007, 9:09 am
May 15, 2007): The Eighth Circuit Court of Appeals has cautioned in a case involving the mistaken execution of a valid warrant on the wrong premises, "the Fourth Amendment's allowance for officers' honest mistakes is limited to mistakes that are objectively reasonable. [read post]
24 Mar 2008, 6:25 am
Editor's notes: According to a list compiled by The Missourinet, currently, 46 men (25 white, 21 black) await execution dates in Missouri, a state where death by lethal injection was upheld by the Eighth Circuit Court. [read post]
27 Apr 2009, 9:17 am
Lay, Chief Judge of the United States Court of Appeals for the Eighth Circuit. [read post]
3 Jun 2010, 1:53 pm by Sheppard Mullin
Circuit, the Ninth Circuit, the Eighth Circuit, and others who have adopted Empagran II -- that the domestic injury exception imposes a proximate cause requirement, because “[i] t is indeed hard to see how we could fairly interpret the phrase "gives rise to" in any other way. [read post]