8th Circuit Case Commentaries

Upholding Sentencing Guidelines' Reasonableness in Escape from Custody Cases: United States v. Evidente

Date: Jan 30, 1990

Upholding Sentencing Guidelines' Reasonableness in Escape from Custody Cases: United States v. Evidente Introduction United States of America v. Antonio Nonato Evidente, 894 F.2d 1000 (8th Cir....

Acceptance of Responsibility and Its Impact on Sentencing: United States v. Wivell

Date: Jan 4, 1990

Acceptance of Responsibility and Its Impact on Sentencing: United States v. Wivell Introduction United States of America, Appellee, v. Alan Reed Wivell, 893 F.2d 156 (8th Cir. 1990), is a pivotal...

Credibility Assessments and Substantial Evidence in Disability Determinations: The Hutsell v. Sullivan Case

Date: Dec 30, 1989

Credibility Assessments and Substantial Evidence in Disability Determinations: The Hutsell v. Sullivan Case Introduction Hutsell v. Sullivan is a pivotal case adjudicated by the United States Court...

Automobile Search Exceptions and Inventory Protocols: Insights from Caves v. United States

Date: Nov 23, 1989

Automobile Search Exceptions and Inventory Protocols: Insights from Caves v. United States Introduction The case of United States of America v. Jimmie Calvin Caves and Chloe Kathleen Gorman,...

Enhancing the Leon Exception: U.S. v. White and Its Impact on Fourth Amendment Jurisprudence

Date: Nov 15, 1989

Enhancing the Leon Exception: U.S. v. White and Its Impact on Fourth Amendment Jurisprudence Introduction In the landmark decision of United States of America v. Bennie Ree White, 890 F.2d 1413...

Enforcement of Bankruptcy Automatic Stay: A Comprehensive Analysis of In re John Rothwell Knaus

Date: Nov 14, 1989

Enforcement of Bankruptcy Automatic Stay: A Comprehensive Analysis of In re John Rothwell Knaus Introduction The case In re John Rothwell Knaus, Debtor, 889 F.2d 773 (8th Cir. 1989), serves as a...

Narrow Interpretation of Article 10(a) Under the Hague Service Convention Established in Bankston v. Toyota

Date: Nov 14, 1989

Narrow Interpretation of Article 10(a) Under the Hague Service Convention Established in Bankston v. Toyota Introduction In the landmark case of Charles Bankston, Sr., Administrator of the Estate of...

Nimick v. Secretary of Health and Human Services: Strengthening the Evaluation of Residual Functional Capacity in Social Security Disability Claims

Date: Oct 13, 1989

Nimick v. Secretary of Health and Human Services: Strengthening the Evaluation of Residual Functional Capacity in Social Security Disability Claims Introduction Parties Involved: Appellant: Carolyn...

Eighth Circuit Clarifies De Novo Review Requirements for Magistrate Findings in §1983 Prisoner Rights Cases

Date: Oct 5, 1989

Eighth Circuit Clarifies De Novo Review Requirements for Magistrate Findings in §1983 Prisoner Rights Cases Introduction The case of Lewis H. Branch v. Lt. Randall A. Martin et al. (886 F.2d 1043)...

Supervisory Liability for Eighth Amendment Violations: Howard v. Adkison & Jackson

Date: Oct 5, 1989

Supervisory Liability for Eighth Amendment Violations: Howard v. Adkison & Jackson Introduction In Frank Howard v. George Adkison and Henry Jackson, 887 F.2d 134 (8th Cir. 1989), the United States...

Substantial Evidence Standard in Disability Claims: Wilson v. Sullivan

Date: Sep 22, 1989

Substantial Evidence Standard in Disability Claims: Wilson v. Sullivan Introduction The case of Larry L. Wilson v. Louis Sullivan, decided by the United States Court of Appeals for the Eighth Circuit...

Establishing a RICO Pattern: Insights from Atlas Pile Driving Co. v. DiCON Financial Co.

Date: Sep 15, 1989

Establishing a RICO Pattern: Insights from Atlas Pile Driving Co. v. DiCON Financial Co. Introduction The case Atlas Pile Driving Co. and Olson Concrete Co. v. DiCON Financial Co., adjudicated by the...

Miranda Violations and Coercive Interrogations: The Carter Precedent

Date: Sep 1, 1989

Miranda Violations and Coercive Interrogations: The Carter Precedent Introduction United States of America v. Terry Gene Carter, 884 F.2d 368 (8th Cir. 1989), serves as a pivotal case in the realm of...

Precedent on Conspiracy under 42 U.S.C. § 1985: Leuck v. City of Omaha

Date: Aug 29, 1989

Conspiracy to Deny Promotion Based on Sex Discrimination: Analysis of Leuck v. City of Omaha Introduction Leuck v. City of Omaha is a significant case adjudicated by the United States Court of...

Estes v. United States: Reinforcing the Standard for Ineffective Assistance of Counsel in Section 2255 Motions

Date: Aug 29, 1989

Estes v. United States: Reinforcing the Standard for Ineffective Assistance of Counsel in Section 2255 Motions Introduction Estes v. United States is a pivotal case decided by the United States Court...

Defenders of Wildlife v. EPA: Affirmation of ESA Enforcement in Pesticide Regulation

Date: Aug 17, 1989

Defenders of Wildlife v. EPA: Affirmation of ESA Enforcement in Pesticide Regulation Introduction In Defenders of Wildlife; The Sierra Club; and Friends of Animals and Their Environment v....

Substantial Evidence and Vocational Expert Testimony Affirmed in Disability Benefits Denial

Date: Jul 20, 1989

Substantial Evidence and Vocational Expert Testimony Affirmed in Disability Benefits Denial Introduction The case of David Sobania v. Secretary of Health and Human Services (879 F.2d 441) presents a...

Affirmation and Partial Reversal of Eleventh Amendment Immunity in Nix v. Norman

Date: Jul 20, 1989

Affirmation and Partial Reversal of Eleventh Amendment Immunity in Nix v. Norman Introduction The case of Laura Nix v. Bobby Norman, Arkansas Commission on Law Enforcement Standards and Training, and...

Eighth Circuit Affirms Denial of SSI: Emphasizing Objective Medical Evidence and Scrutiny of Treating Physician Opinions

Date: Jul 20, 1989

Eighth Circuit Affirms Denial of SSI: Emphasizing Objective Medical Evidence and Scrutiny of Treating Physician Opinions Introduction In the case of Betty J. Matthews v. Otis R. Bowen, Secretary of...

Limits on Attorney Fee Enhancements under Section 406(b)(1) of the Social Security Act: Cotter v. Bowen

Date: Jul 13, 1989

Limits on Attorney Fee Enhancements under Section 406(b)(1) of the Social Security Act: Cotter v. Bowen Introduction In Tobias J. Cotter v. Otis R. Bowen, 879 F.2d 359 (8th Cir. 1989), the United...