8th Circuit Case Commentaries

Affirmation of Fraud Convictions and Clarifications on Napue and Brady Obligations in United States v. Ruzicka

Date: Feb 17, 2021

Affirmation of Fraud Convictions and Clarifications on Napue and Brady Obligations in United States v. Ruzicka Introduction In United States of America Plaintiff - Appellee v. Jerome C. Ruzicka...

Separation of Taxing Entities and Statute of Limitations: Insights from Coffey v. U.S. Virgin Islands

Date: Feb 13, 2021

Separation of Taxing Entities and Statute of Limitations: Insights from Coffey v. Government of the U.S. Virgin Islands Introduction The case of Judith S. Coffey Appellee v. Government of the United...

Enhanced Scrutiny of Prior State Convictions Under 21 U.S.C. §851: Implications from United States v. Oli

Date: Feb 12, 2021

Enhanced Scrutiny of Prior State Convictions Under 21 U.S.C. §851: Implications from United States v. Oli Introduction The case of United States of America Plaintiff - Appellee v. Shelton Oli (987...

Establishing Non-Dischargeability for Willful and Malicious Injury in Bankruptcy: In re: Derek Francis Luebbert Decision

Date: Feb 10, 2021

Establishing Non-Dischargeability for Willful and Malicious Injury in Bankruptcy: In re: Derek Francis Luebbert Decision Introduction The case of In re: Derek Francis Luebbert Debtor Derek Francis...

Clarifying Use of Excessive Force: MacKintrush v. Pulaski County Sheriff's Department

Date: Feb 6, 2021

Clarifying Use of Excessive Force: MacKintrush v. Pulaski County Sheriff's Department Introduction The case of Courtney MacKintrush v. Pulaski County Sheriff's Department addresses significant issues...

Remanding Novel State Law Retaliation Claims: Starkey v. Amber Enterprises

Date: Feb 5, 2021

Remanding Novel State Law Retaliation Claims: Starkey v. Amber Enterprises Introduction In Starkey v. Amber Enterprises, Inc., decided by the United States Court of Appeals for the Eighth Circuit on...

Denial of Qualified Immunity in Use of Tear Gas Against Journalists: Quraishi v. St. Charles County

Date: Jan 29, 2021

Denial of Qualified Immunity in Use of Tear Gas Against Journalists: Quraishi v. St. Charles County Introduction In the case of Ash-har Quraishi; Marla Cichowski; Sam Winslade v. St. Charles County,...

Eighth Circuit Defines Limits of §1983 in Social Media Interactions by Public Officials

Date: Jan 28, 2021

Eighth Circuit Defines Limits of §1983 in Social Media Interactions by Public Officials Introduction The case of Mike Campbell Plaintiff - Appellee v. Representative Cheri Toalson Reisch addresses...

Affirmation of Exhaustion Requirements and Deliberate Indifference in Prisoners' §1983 Claims: East v. Minnehaha County

Date: Jan 27, 2021

Affirmation of Exhaustion Requirements and Deliberate Indifference in Prisoners' §1983 Claims: East v. Minnehaha County Introduction The case of Donald G. East v. Minnehaha County, decided by the...

Affirmation of Drug Trafficking Conspiracy Convictions: Key Legal Principles in Campbell v. United States

Date: Jan 22, 2021

Affirmation of Drug Trafficking Conspiracy Convictions: Key Legal Principles in Campbell v. United States Introduction In the case of United States of America v. Alston Campbell, Jr., Alston...

Enforcement of Arbitration Clauses and the Rooker-Feldman Doctrine in Parker Law Firm v. Travelers Indemnity Co.

Date: Jan 13, 2021

Enforcement of Arbitration Clauses and the Rooker-Feldman Doctrine in Parker Law Firm v. Travelers Indemnity Co. Introduction The case of Parker Law Firm; Timothy Steven Parker, I v. The Travelers...

Eighth Circuit Affirms Conspiracy Conviction: Reinforcing Standards for Reasonable Suspicion and Voluntary Consent in Drug Distribution Cases

Date: Jan 9, 2021

Eighth Circuit Affirms Conspiracy Conviction: Reinforcing Standards for Reasonable Suspicion and Voluntary Consent in Drug Distribution Cases Introduction In the appellate decision United States of...

Qualified Immunity and First Amendment Retaliation in Traffic Stops: Garcia v. City of New Hope

Date: Jan 6, 2021

Qualified Immunity and First Amendment Retaliation in Traffic Stops: Garcia v. City of New Hope Introduction In Reuben J. Garcia Plaintiff - Appellant v. City of New Hope; Officer Anthony Gust, et...

Robbins v. City of Des Moines: Eighth Circuit Clarifies Limits on Police Seizure of Personal Property During Investigatory Stops

Date: Jan 6, 2021

Robbins v. City of Des Moines: Eighth Circuit Clarifies Limits on Police Seizure of Personal Property During Investigatory Stops Introduction In the case of Daniel Thomas Robbins v. City of Des...

Ineffective Assistance of Counsel in Sentencing: Eighth Circuit Vacates Habeas Dismissal Under Martinez Exception

Date: Jan 6, 2021

Ineffective Assistance of Counsel in Sentencing: Eighth Circuit Vacates Habeas Dismissal Under Martinez Exception Introduction The case of Jim Harris, Jr. v. Ian Wallace (984 F.3d 641), adjudicated...

Primary Jurisdiction in Federal Sentencing: Wiseman v. Wachendorf

Date: Jan 6, 2021

Primary Jurisdiction in Federal Sentencing: Wiseman v. Wachendorf Introduction Lonnie Ray Wiseman v. Patti Wachendorf, Warden; Federal Bureau of Prisons is a significant case adjudicated by the...

Affirmation of Article III Standing Requirements in CVR Holder Disputes: Yeransian v. B. Riley FBR, Inc.

Date: Jan 5, 2021

Affirmation of Article III Standing Requirements in CVR Holder Disputes: Yeransian v. B. Riley FBR, Inc. Introduction The case of Tom Yeransian, in his representative capacity Plaintiff - Appellant...

8th Circuit Overrules Horton and Hurt: Forum-Defendant Rule Now Considered Nonjurisdictional in Removal Proceedings

Date: Dec 31, 2020

8th Circuit Overrules Horton and Hurt: Forum-Defendant Rule Now Considered Nonjurisdictional in Removal Proceedings Introduction In the landmark case of Brendan Holbein Plaintiff - Appellant v. TAW...

Affirmation of Probable Cause Standards and Rejection of 'Innocent-Intent' Defense in United States v. Baez

Date: Dec 30, 2020

Affirmation of Probable Cause Standards and Rejection of 'Innocent-Intent' Defense in United States v. Baez Introduction United States v. Baez, decided by the United States Court of Appeals for the...

Restricting Bivens Remedies: Eighth Circuit Reaffirms Limited Scope in Ahmed v. Weyker

Date: Dec 24, 2020

Restricting Bivens Remedies: Eighth Circuit Reaffirms Limited Scope in Ahmed v. Weyker Introduction In the landmark case of Hawo O. Ahmed Plaintiff - Appellee v. Heather Weyker, 984 F.3d 564 (8th...