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11th Circuit

BAIL, HABEAS, IMMIGRATION

Sopo v. U.S. Attorney General, Jun-15-2016

J. Hull finds that the lower court improperly denied defendant a habeas bond hearing. He is a citizen of Cameroon who was taken into custody by immigration agents after he finished a sentence for bank robbery and still faces Board of Immigration Appeals hearings. Although federal law provides that detention is required for aggravated felons during their removal proceedings, and mandatory civil detention of criminal aliens is constitutional for a reasonable period of time to complete removal, at some point such detained aliens are entitled to an individualized bond hearing. This must take place immediately here. Reversed.

11th Circuit

HABEAS, SENTENCING, ROBBERY

Matter of Hires v. , Jun-15-2016

Per curiam, the circuit finds that the lower court properly declined to allow petitioner to file a second or successive habeas petition on his sentence for being a felon in possession of a firearm and cocaine. His aggravated assault conviction clearly qualified as a violent felony since the Florida statute in question matches the generic federal version, and the Armed Career Criminal Act precedent on which he relies only applies to first habeas petitions. There is no residual clause violation here either. Affirmed.

11th Circuit

HABEAS, FIREARMS

Matter of Adams v. , Jun-15-2016

Per curiam, the circuit finds that the lower court properly declined to allow defendant to file a second or successive habeas petition on his firearm possession and burglary conviction and Armed Career Criminal Act sentence. When the court decided that his prior burglary qualified as a predicate under the Act, it did not mention which clause applied, but defendant was well aware of this possibility and failed to raise it in his first habeas proceeding. Affirmed.

11th Circuit

INSURANCE, VEHICLE

Coker v. American Guarantee and Liability Insurance, Jun-15-2016

J. Hull finds that the lower court improperly found for the driver of a vehicle who was in an accident with an employee of defendant insurance company's insured. The policy in question is a third party policy that does not permit for uninsured or underinsured motorist type recoveries. Georgia law has specific exhaustion requirements for policies of this size, and although the insurer was required to provide uninsured motorist coverage, they did not have to tender payment until the driver's own coverage was fully exhausted. Reversed.

1st Circuit



U.S. v. Montes-Fosse, Jun-15-2016

[Corrected.]

4th Circuit

FAMILY LAW, INTERNATIONAL LAW

Alcala v. Hernandez, Jun-15-2016

J. Floyd finds that the district court properly refused to order a mother to return the parties' two children after she took them from Mexico to South Carolina. While the court held the mother's violation would ordinarily require their return under the Hague Convention, the court held the children were settled in their new environment. Affirmed.

5th Circuit

CIVIL RIGHTS

Scott v. Schedler, Jun-15-2016

Per curiam, the circuit finds that an injunction ordering the secretary of state to maintain in force his policies related to the implementation of the National Voter Registration Act is overly vague. The injunction sought by the African American group is insufficiently specific and does not define what those policies are or how they can be identified. Vacated.

5th Circuit

CIVIL RIGHTS

Salazar-Limon v. City of Houston, Jun-15-2016

J. Jolly finds that the lower court properly dismissed the paralyzed man's excessive force complaint since the officer was entitled to immunity and the city did not violate any of his constitutional rights. The man became partially paralyzed after being shot by police during a DWI traffic stop where he resisted arrest. It was not unreasonable for the officer to perceive the man's action of reaching toward his waistband to be an immediate threat of his safety. Affirmed.

6th Circuit

HABEAS, CRIMINAL PROCEDURE

Giles v. Beckstrom, Jun-15-2016

J. Daughtrey finds that the lower court properly dismissed defendant's habeas petition as untimely. The date triggering the running of the limitations period is that when the court issued its opinion, not the date that the decision was noted on the court's docket as final. Affirmed.

8th Circuit

SEX OFFENDER, SENTENCING

U.S. v. Emmert, Jun-15-2016

J. Melloy finds that the lower court properly convicted defendant of possessing child pornography and sentenced him to 240 months in prison. Given that the pornography investigation began while he was being investigated for sexually abusing his 13-year-old daughter, the court reasonably took into account his history of abusing young girls and his past sexual assault conviction at sentencing. The court did not unfairly inflame jury passions by allowing one of the victims to testify that she felt doubly victimized by defendant's publication of pornographic pictures of her. Affirmed.

8th Circuit

ENERGY, JURISDICTION, COMMERCE

North Dakota v. Heydinger, Jun-15-2016

[Consolidated.] J. Loken finds that the lower court properly granted North Dakota and three electricity-providing non-profits a permanent injunction against a Minnesota law prohibiting people from importing from outside the state power from a new large energy facility that would contribute to statewide power sector carbon dioxide emissions or entering into any new long-term agreements that would increase emissions. These prohibitions clearly interfere with the ability to transmit power and enter into purchase agreements occurring outside of the state, so all of the plaintiffs have standing. The prohibitions violate the commerce clause since they apply to non-Minnesota utilities and seek to regulate activity and transactions taking place wholly outside of Minnesota. Affirmed.

9th Circuit

ARBITRATION, ATTORNEYS

Tillman v. Tillman, Jun-15-2016

J. Berzon finds that the district court improperly dismissed a legal malpractice case between a woman and her law firm. Arbitration proceedings were ended after the woman could no longer afford her share of the fees. Because arbitration ended before a decision on the merits was made or an award was issued, the case should continue in district court. Reversed.

Armed Services Board Of Contract Appeals

CONTRACT

Appeals of Kellogg, Brown & Root Services v. , Jun-15-2016

[Consolidated.] J. Page finds that the contractor's motion seeking to hold the government's claims untimely shall be denied. The government demands repayment of $8.8 million in overcharges due to the contractor's improper allocation of risk management insurance costs but contractor claims that the government should have known that its claims accrued more than six years before the demand was made. However, the contractor cannot show undisputed evidence that the government should have known about the disputed accounting methods earlier.

Armed Services Board Of Contract Appeals

CONTRACT

Appeal of Access Personal Services v. , Jun-15-2016

J. Delman finds that the government's motion to dismiss the contractor's appeal shall be dismissed. The contractor was unaware of its right to appeal when it received notice the government was going to cancel its contract for naval support services, and the government mislead the contractor by failing to provide notice of appeals rights along with its decision.

California Courts Of Appeal

FAMILY LAW

In re Z.F. v. , Jun-15-2016

J. Renner finds that the lower court properly terminated the maternal grandmother's probate guardianship after she had neglected the toddler several times. Although the grandmother asserts there is a lack of supporting evidence, finding that it was in the child's best interest is the only requirement before removing a child from probate guardianship. Affirmed.

California Courts Of Appeal

PROPERTY, MUNICIPAL LAW, ENVIRONMENT

Spring Valley Lake Association v. City of Victorville, Jun-15-2016

J. McConnell finds that the lower court properly found for the association after determining that the city had not met the requirements of the California Environmental Quality Act before approving a marketplace project. Although interested party Wal-Mart claims the city's environmental impact report was adequate, it failed to provide specifics about solar or wind power generation. Furthermore, the city approved a parcel map before addressing all the necessary requirements. Affirmed in part.

California Courts Of Appeal

FORGERY, SENTENCING

California v. Maynarich, Jun-15-2016

J. Baker finds that the trial court improperly refused to grant defendant's request to have his felony forgery conviction recalled to consider it for a reduction to a misdemeanor under Proposition 47. Defendant is eligible to have his conviction considered for resentencing as a misdemeanor since the $50 bills he counterfeited were the equivalent of bank bills or notes. Reversed.

California Courts Of Appeal

THEFT, SENTENCING

California v. Garrett, Jun-15-2016

J. Marquez finds that the lower court improperly refused to grant defendant's request to have his commercial burglary conviction recalled to consider it for a reduction to a misdemeanor under Proposition 47. Defendant is eligible to have his conviction considered for resentencing as a misdemeanor since his crime of buying $50 gift cards with a stolen credit card constitutes shoplifting rather than felony identity theft because he was taking less than $950. Reversed.

Federal Circuit

PATENT

Allied Erecting and Dismantling Co. v. Genesis Attachments, Jun-15-2016

J. Wallach finds that the patent board properly ruled against the patent-holder and found 21 of its claims for a multiple tool attachment system used in construction and demolition would have been obvious due to prior German and U.S. patents. A person reasonably skilled at constructing these machines would have thought to combine the methods explained in these prior patents, which would not require a fundamental redesign of the machine. Affirmed.

Florida Courts Of Appeal

SENTENCING

Walker v. State, Jun-15-2016

J. Warner finds that the trial court properly sentenced defendant after he rejected a sentence of probation and was given 30 months in prison. He claimed vindictiveness on the court's part, but his sentence fell within mandatory guidelines. His motion for rehearing is therefore denied.

Florida Courts Of Appeal

BUSINESS PRACTICES

Gerstein v. International Asset Value Group, Jun-15-2016

J. Ciklin finds that the trial court properly dismissed a man's suit against an asset company in a vague business dispute. The man sued the company but was "byzantine at best" with his allegations, and failed to state a cause of action. Affirmed.

Florida Courts Of Appeal

SEX OFFENDER, JUVENILE LAW, SENTENCING

Stephenson v. State, Jun-15-2016

J. Scales finds that the trial court improperly sentenced defendant for sexual battery and parole violations. Since defendant was a minor when he committed the crimes, he cannot be given 90 years in prison, a de facto life sentence. Reversed.

Florida Courts Of Appeal

FAMILY LAW

Edge v. Edge, Jun-15-2016

J. Khouzam finds that the lower court improperly calculated the former husband's income in the final divorce judgment by excluding the money he paid towards a loan on his 401(k). Including this figure may result in a change in child support and mandatory retirement payments. Reversed in part.

Florida Courts Of Appeal

FAMILY LAW

Haritos v. Haritos, Jun-15-2016

J. Morris finds that the lower court improperly denied the husband's motion to modify the temporary support order because a final judgment was never entered regarding the parties' financial matters. The husband did not waive his right to a final hearing by filing his petitions for modification. Reversed.

Florida Courts Of Appeal

BURGLARY, THEFT, COMPETENCE

Trueblood v. State, Jun-15-2016

Per curiam, the court of appeals finds that the lower court improperly convicted defendant of burglary and grand theft without holding a competency hearing after defense counsel told the court that defendant's mental health issues precluded him from assisting prepare his own defense. Reversed.

Florida Courts Of Appeal

BUSINESS PRACTICES, TRIBAL LAW, IMMUNITY

MMMG v. Seminole Tribe of Florida, Jun-15-2016

J Gross finds that the lower court properly dismissed a promotion company's business practices lawsuit against a Native American tribe and its corporation. The corporation enjoyed sovereign immunity from the suit since immunity had not been properly waived according to the tribe's charter and bylaws. Affirmed.

Florida Courts Of Appeal

MURDER

McIntyre v. State, Jun-15-2016

J. Ciklin finds that a jury properly convicted defendant of attempted second-degree murder with a firearm. The lower court correctly excluded defendant's alibi witness, a cousin willing to testify regarding defendant's whereabouts, as defendant had not presented the witness until the middle of his trial and did so in a surprise manner. Affirmed.

Florida Courts Of Appeal

INEFFECTIVE ASSISTANCE, PLEA

Dunston v. State, Jun-15-2016

Per curiam, the court of appeals finds that, on concession of state error, the lower court incorrectly denied defendant's motion for a rehearing related to his ineffective assistance and involuntary plea claims. Reversed.

Florida Courts Of Appeal

CONTRACT, JURISDICTION, PROPERTY

TRG Desert Inn Venture v. Berezovsky, Jun-15-2016

J. Scales finds that the trial court properly allowed the condo buyer to add a claim of punitive damages against the seller for a contract dispute. The trial court's application of the correct law is not reviewable by a writ of ceritoriari.

Florida Courts Of Appeal

CRIMINAL PROCEDURE, HABEAS

Nelson v. Florida Department of Corrections, Jun-15-2016

Per curiam, the court of appeals finds that the lower court properly dismissed defendant's ninth post-conviction pleading, finding his claims frivolous, and issued an order prohibiting defendant from filing further pro se proceedings in this court. Affirmed.

Florida Courts Of Appeal

INSURANCE, PROPERTY

Certain Underwriters at Lloyd's London v. Jimenez, Jun-15-2016

J. Fernandez finds that the trial court improperly ruled in favor of the homeowners in a dispute over rescission of a property insurance policy. The homeowners falsely stated in their original application that they had a central station alarm for monitoring smoke, temperature and burglary. Reversed.

Florida Courts Of Appeal

BANKING/LENDING, PROPERTY

Federal National Mortgage Association v. Morton, Jun-15-2016

J. Salario finds that the lower court improperly dismissed a foreclosure action brought by the bank because it allegedly failed to comply with the mortgage's notice requirements. The bank's notice did not specify the type of payment the homeowners failed to make, or specify the action required to cure the default. However, since the bank itself did not send the notice letter, additional discovery is required to determine if it complied with all notice requirements. Reversed.

Florida Courts Of Appeal

BANKING/LENDING

Cruz v. JPMorgan Chase Bank, Jun-15-2016

[Withdrawn.] J. May finds that a bank incorrectly foreclosed on a pair of homeowners. The lender bank failed to prove standing. Reversed.

Florida Courts Of Appeal

CIVIL PROCEDURE

Preudhomme v. Matthews, Jun-15-2016

Per curiam, the court of appeals finds that the lower court incorrectly quashed service of process. A woman presented clear evidence establishing the validity of the service, and the man being served failed to prove that the service was inadequate. Reversed.

Florida Courts Of Appeal

BANKING/LENDING, PROPERTY, EVIDENCE

Wells Fargo Bank v. Ousley, Jun-15-2016

Per curiam, the court of appeals finds that the lower court improperly dismissed the bank's foreclosure complaint after it excluded a certified copy of the mortgage as hearsay. A certified copy of a publicly recorded document is self-authenticating, and should have been admitted as evidence, providing the bank with standing. Reversed.

Florida Courts Of Appeal

PROPERTY

State v. MidFirst Bank, Jun-15-2016

J. Scales finds that the trial court improperly dismissed the state's nuisance complaint. There is sufficient evidence of squatters and drug dealers on the bank's property to reinstate the complaint. Reversed.

Florida Courts Of Appeal

CIVIL PROCEDURE

Grey v. State, Jun-15-2016

J. Damoorgian finds that the trial court incorrectly denied a woman's petition to seal her criminal record. The state concedes error, and the court should not have relied solely on a probable cause affidavit in denying her petition. Reversed.

Florida Courts Of Appeal

BANKING/LENDING

Magaldi v. Deutsche Bank National Trust Co., Jun-15-2016

J. Ciklin finds that a bank incorrectly foreclosed on a homeowner. The bank failed to prove standing when it filed suit. Reversed.

Florida Courts Of Appeal

SEX OFFENDER, DOUBLE JEOPARDY

Batchelor v. State, Jun-15-2016

J. Wallace finds that the lower court improperly convicted defendant of both traveling to meet a minor after soliciting a parent for purpose of engaging an illegal act with a child and unlawful use of a communication device to solicit sex with a minor. These two convictions violate the Constitution's prohibition against double jeopardy because they are based on the same act. Reversed in part.

Florida Courts Of Appeal

INEFFECTIVE ASSISTANCE, SEX OFFENDER, PLEA

Jacques v. State, Jun-15-2016

J. Gross finds that the lower court incorrectly denied defendant's motion for post-conviction relief. He was convicted of lewd or lascivious molestation and sentenced to 10 years in prison, but claimed ineffective assistance regarding a probation and sex offender registration plea offer since defendant's counsel rejected the offer without consulting him. Reversed.

Florida Courts Of Appeal

WILLS / PROBATE, TRUSTS

Bernal v. Marin, Jun-15-2016

J. Rothenberg finds that the trial court improperly ruled in favor of the trustee in an estate dispute. The decedent's will invalidated the trust and the assets should go to the will's beneficiary. Reversed.

Florida Courts Of Appeal

JUVENILE LAW

J.L. v. State, Jun-15-2016

J. Forst finds that a child was incorrectly found guilty of attempted burglary of an occupied dwelling. The trial court should not have admitted hearsay out-of-court statements made by the child's friend and accomplice. Reversed.

Florida Courts Of Appeal

CIVIL PROCEDURE

Lawnwood Medical Center v. Seeger, Jun-15-2016

Per curiam, the court of appeals denies a writ of prohibition without explanation.

Florida Courts Of Appeal

DRUG OFFENDER, MURDER

Wilder v. State, Jun-15-2016

J. Wetherell finds that the lower court properly convicted defendant of murder and trafficking in meth. The liquid by-product of the manufacture of the meth was properly included when calculating the weight of the meth produced for purposes of meeting the threshold weight for trafficking. Affirmed.

Georgia Court Of Appeals

CIVIL PROCEDURE, PUBLIC RECORD

Media General Operations v. St. Lawrence, Jun-15-2016

J. Mercier finds that the lower court properly ruled in a dispute over open records. A TV station requested certain sheriff's records relating to an inmate's death, but the records were exempt from release due to the ongoing criminal investigation into the matter. Affirmed.

Georgia Court Of Appeals

CIVIL PROCEDURE, FAMILY LAW

In the interest of H.G. v. , Jun-15-2016

Per curiam, the court of appeals finds that the parents failed to properly appeal a dependency ruling awarding temporary custody of their children to the maternal grandmother. Accordingly, the parents' appeals must be dismissed.

Georgia Court Of Appeals

CRIMINAL PROCEDURE, ELDER ABUSE, JUSTIFICATION

Haynes v. State, Jun-15-2016

J. Rickman finds that the lower court properly denied defendant's motion for a new trial following his convictions for false imprisonment and elder abuse. Contrary to defendant's claim, the lower court was not required to include justification as part of its jury instructions on false imprisonment. Defendant, who was the care giver for his elderly mother, did not have to tie her to the bed to keep her from harm. Affirmed.

Georgia Court Of Appeals

CIVIL PROCEDURE

Kinnemore v. Moore, Jun-15-2016

Per curiam, the court of appeals finds that an appeal of an order denying a request for indigent status must be dismissed. There is no right of appeal from such rulings under Georgia law.

Georgia Court Of Appeals

CRIMINAL PROCEDURE, DISORDERLY CONDUCT

Smith v. McDonough, Jun-15-2016

Per curiam, the court of appeals finds that defendant's direct appeal of a disorderly conduct conviction must be dismissed. Defendant's previous discretionary appeal was denied on the merits.

Georgia Court Of Appeals

CRIMINAL PROCEDURE, ROBBERY, PLEA

Jones v. State, Jun-15-2016

Per curiam, the court of appeals finds that defendant's appeal challenging the denial of his motion to withdraw a guilty plea in an armed robbery case must be dismissed. There was no final order denying defendant's motion, only an oral pronouncement. Also the appeal was untimely as to his convictions.

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