8th Circuit Case Commentaries

Establishing RICO Liability in Prosecutorial Misconduct: Insights from United States v. Hively and Ketz

Date: Feb 11, 2006

Establishing RICO Liability in Prosecutorial Misconduct: Insights from United States v. Hively and Ketz Introduction In United States v. Thomas James Hively, also known as T.J. Hively, and Wesley...

Affirmation of Habeas Corpus Denial in Rousan v. Roper: Juror Strikes and Death Penalty Sentencing

Date: Feb 9, 2006

Affirmation of Habeas Corpus Denial in Rousan v. Roper: Juror Strikes and Death Penalty Sentencing Introduction Rousan v. Roper, 436 F.3d 951 (8th Cir. 2006), is a pivotal case adjudicated by the...

Reaffirmation of Substantial Gainful Activity as Decisive Factor in SSI Claims: Dukes v. Barnhart

Date: Feb 8, 2006

Reaffirmation of Substantial Gainful Activity as Decisive Factor in SSI Claims: Dukes v. Barnhart Introduction Ralph E. Dukes v. Jo Anne B. Barnhart is a pivotal case adjudicated by the United States...

Clarifying Official Immunity for Social Workers in Child Welfare Cases: Sha' v. Porter

Date: Feb 7, 2006

Clarifying Official Immunity for Social Workers in Child Welfare Cases: Sha' v. Porter Introduction The case of Sha'va Porter v. Porter et al. addresses critical issues surrounding the application of...

Smith v. Tenet HealthSystem SL: Establishing the Necessity of Expert Testimony in Medical Malpractice Cases

Date: Feb 4, 2006

Smith v. Tenet HealthSystem SL: Establishing the Necessity of Expert Testimony in Medical Malpractice Cases Introduction The case of Dennis F. Smith and Marya Smith v. Tenet HealthSystem SL, Inc.,...

Hernandez v. United States: Reinforcing the Boundaries of §2255 Postconviction Relief

Date: Feb 3, 2006

Hernandez v. United States: Reinforcing the Boundaries of §2255 Postconviction Relief Introduction In the landmark case United States v. Hernandez, 436 F.3d 851 (8th Cir. 2006), the United States...

Walker v. Norris: Affirmation of AEDPA's One-Year Limitation Without Equitable Tolling

Date: Feb 1, 2006

Walker v. Norris: Affirmation of AEDPA's One-Year Limitation Without Equitable Tolling Introduction In Walker v. Norris, 436 F.3d 1026 (8th Cir. 2006), the United States Court of Appeals for the...

Ensuring Comprehensive Record Development in SSI Disability Appeals: Smith v. Barnhart

Date: Feb 1, 2006

Ensuring Comprehensive Record Development in SSI Disability Appeals: Smith v. Barnhart Introduction Belinda Smith, a resident of Arkansas, appealed the decision of the Commissioner of the Social...

Reaffirming Strickland Standards in Capital Murder Cases: Analysis of Bucklew v. Luebbers

Date: Jan 31, 2006

Reaffirming Strickland Standards in Capital Murder Cases: Analysis of Bucklew v. Luebbers Introduction Russell Bucklew was convicted in Missouri state court of capital murder and subsequently...

Eighth Circuit Affirms Limited Remedies under FMLA: Emotional Distress and Equitable Relief Not Available

Date: Jan 26, 2006

Eighth Circuit Affirms Limited Remedies under FMLA: Emotional Distress and Equitable Relief Not Available Introduction In the case of Barbara Rodgers v. City of Des Moines; Ronald Wakeham, the United...

United States v. Denton: Affirmation of Sentencing and Competency Standards in Drug Conspiracy Cases

Date: Jan 25, 2006

United States v. Denton: Affirmation of Sentencing and Competency Standards in Drug Conspiracy Cases Introduction United States of America v. Eddie Louis Denton, 434 F.3d 1104 (8th Cir. 2006), is a...

Eighth Circuit Clarifies ERISA Standards for Disability Claims Requiring Objective Medical Evidence

Date: Jan 20, 2006

Eighth Circuit Clarifies ERISA Standards for Disability Claims Requiring Objective Medical Evidence Introduction The case of Linda PRALUTSKY v. METROPOLITAN LIFE INSURANCE COMPANY (435 F.3d 833)...

Eighth Circuit Upholds Summary Judgment in Eighth Amendment Medical Care Negligence Case

Date: Jan 11, 2006

Eighth Circuit Upholds Summary Judgment in Eighth Amendment Medical Care Negligence Case Introduction The case of Allen G. Gibson; David Hall, Plaintiffs, Richard St. Cloud, Sr., Plaintiff-Appellant,...

Reaffirmation of Advisory Status of Sentencing Guidelines in Supervised Release Revocations: United States v. Larison

Date: Jan 10, 2006

Reaffirmation of Advisory Status of Sentencing Guidelines in Supervised Release Revocations: United States v. Larison Introduction United States of America v. Duane Larison, 432 F.3d 921 (8th Cir....

Affirmation of Qualified Immunity in Excessive Force Claims: Wertish v. Krueger

Date: Jan 10, 2006

Affirmation of Qualified Immunity in Excessive Force Claims: Wertish v. Krueger Introduction The case of Richard Wertish v. Norman D. Krueger addresses significant issues pertaining to the...

Prohibition of Viewpoint Discrimination in Public Legal Education Programs: Eighth Circuit in Wishnatsky v. Rovner

Date: Jan 6, 2006

Prohibition of Viewpoint Discrimination in Public Legal Education Programs: Eighth Circuit in Wishnatsky v. Rovner Introduction In Martin Wishnatsky v. Laura Rovner, the United States Court of...

Substantial Evidence and Credibility Standards in Disability Claims: Analyzing Pelkey v. Barnhart

Date: Jan 4, 2006

Substantial Evidence and Credibility Standards in Disability Claims: Analyzing Pelkey v. Barnhart Introduction Pelkey v. Barnhart, 433 F.3d 575 (8th Cir. 2006), is a pivotal case that reinforces the...

Affirming Residual Hearsay and Medical Treatment Exceptions in Child Sexual Abuse Convictions

Date: Dec 30, 2005

Affirming Residual Hearsay and Medical Treatment Exceptions in Child Sexual Abuse Convictions Introduction In the landmark case of United States v. Peneaux, the United States Court of Appeals for the...

Establishing Probable Cause in Child Pornography Cases: United States v. Solomon

Date: Dec 24, 2005

Establishing Probable Cause in Child Pornography Cases: United States v. Solomon Introduction United States of America v. Douglas Dan Solomon (432 F.3d 824) is a pivotal appellate decision from the...

Deliberate Indifference Required for Substantive Due Process Claims: Eighth Circuit Reverses in Hart v. City of Little Rock

Date: Dec 23, 2005

Deliberate Indifference Required for Substantive Due Process Claims: Eighth Circuit Reverses in Hart v. City of Little Rock Introduction The case of Jerry Hart and Andre Dyer v. City of Little Rock...