* Mangiafico v. Blumenthal
* Blankenship v. Manchin
* Baker v. City of Hamilton
* US v. White
* Fairley v. Fermaint
* Anderson v. Benik
* Fleck & Assocs., Inc. v. Phoenix
* Hatch v. Boulder Town Council
* Chapman v. State of Oklahoma
* Chandler v. McDonough
* US v. Street
* Agua Caliente Band of Cahuilla Indians v. Superior Court of
Sacramento County
* People v. Ozuna
* People v. Barton
* People v. Gillian
* People v. Conrad
* People v. Rasmuson
* League of Women Voters of Cal. v. McPherson================================
U.S. 2nd Circuit Court of Appeals
Mangiafico v. Blumenthal (12/19/06 - No. 05-5465)
In a correctional officer suit against the state attorney general for
refusal to represent him in another suit, dismissal of claims against
defendant on the ground of absolute immunity is affirmed as defendant
is absolutely immune from liability for his decision not to represent
plaintiff.
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http://caselaw.lp.findlaw.com/data2/circs/2nd/055465p.pdf
U.S. 4th Circuit Court of Appeals
Blankenship v. Manchin (12/20/06 - No. 06-1249)
In case arising over a proposed bond amendment to the West Virginia
Constitution supported by defendant governor, denial of application
for defendant's qualified immunity is affirmed, as the facts alleged
establish that the governor threatened imminent adverse regulatory
action that a reasonable public official in his position would know
that such a threat is unlawful, thus the governor is not entitled to
immunity from this suit at the motion-to-dismiss stage.
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http://caselaw.lp.findlaw.com/data2/circs/4th/061249p.pdf
U.S. 6th Circuit Court of Appeals
Baker v. City of Hamilton (12/18/06 - No. 05-4390)
Summary judgment for defendants, a police officer and a city, on
plaintiffs' constitutional claims of excessive force and a state law
assault and battery claim is affirmed as to the city but reversed as
to the officer where: 1) plaintiffs set forth facts sufficient to
establish a genuine issue of material fact as to whether
defendant-officer used excessive force in arresting them since a jury
could find that they had surrendered before being struck with a baton,
and their right to be free from such strikes was clearly established;
and 2) the evidence was sufficient to establish a genuine issue of
material fact as to whether defendant acted maliciously or in bad
faith in striking and arresting them.
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http://caselaw.lp.findlaw.com/data2/circs/6th/054390p.pdf
U.S. 7th Circuit Court of Appeals
US v. White (12/20/06 - No. 06-1769)
Conviction for multiple counts of mail fraud, wire fraud, and money
laundering is affirmed where: 1) the district court did not improperly
exclude a proffered jury instruction and a portion of the defense's
closing arguments because they did not reflect a theory that was
supported by the other facts and the law, and because the court
granted defendant the latitude to make his argument to the jury
orally; 2) the sentencing factors used did not increase the sentence
beyond the statutory maximum, therefore it was not unconstitutional
for the district court to apply them based on facts it found through a
preponderance of the evidence; and 3) it was not an error for the
district court to enhance the sentence based on the fact that
defendant was an elected public official.
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http://caselaw.lp.findlaw.com/data2/circs/7th/061769p.pdf
Fairley v. Fermaint (12/21/06 - No. 06-2411)
Denial of defendants' motion for summary judgment on the basis of
official immunity in a 42 U.S.C. section 1983 suit alleging
intimidation of prison guards who stood up for prisoners' rights is
dismissed for lack of jurisdiction where public officials cannot use a
motion for summary judgment in order to reopen the time to take an
interlocutory appeal from an order declining to dismiss the complaint.
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http://caselaw.lp.findlaw.com/data2/circs/7th/062411p.pdf
Anderson v. Benik (12/21/06 - No. 05-2323)
Dismissal of a petition for writ of habeas corpus is affirmed where
petitioner procedurally defaulted on his federal constitutional claim
that his substantive due process rights were violated by the manner in
which Wisconsin corrections officials applied his pre-sentence credits
by failing to fairly present the claim in state court.
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http://caselaw.lp.findlaw.com/data2/circs/7th/052323p.pdf
U.S. 9th Circuit Court of Appeals
Fleck & Assocs., Inc. v. Phoenix (12/22/06 - No. 05-15293)
Dismissal of a complaint challenging, based on the constitutional
right of privacy, an ordinance prohibiting the operation of "live sex
act" businesses in Phoenix, Arizona, is vacated and remanded with
directions where, although the district court correctly determined
plaintiff lacked standing to assert any cognizable privacy rights
under the allegations in its complaint, the court improperly proceeded
to reach the merits, determining that plaintiff's customers could not
state a claim for relief under any conceivable set of facts.
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http://caselaw.lp.findlaw.com/data2/circs/9th/0515293p.pdf
U.S. 10th Circuit Court of Appeals
Hatch v. Boulder Town Council (12/19/06 - No. 04-4124)
In a civil rights case brought against a city and its Town Planning
Commission alleging constitutional violations concerning zoning,
permitting and road maintenance issues, summary judgment for
defendants is affirmed in part and reversed in part and remanded,
where the district court's method of applying claim preclusion created
problems which could not be resolved on appeal.
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http://laws.lp.findlaw.com/10th/044124.html
Chapman v. State of Oklahoma (12/19/06 - No. 06-5064)
Dismissal of plaintiff's complaint alleging constitutional violations
in Oklahoma's family court system is affirmed but remanded for
modification of the dismissal to be without prejudice where, although
federal jurisdiction was not barred by the Rooker-Feldman doctrine as
the district court had found, jurisdiction was barred by the Younger
abstention doctrine.
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http://laws.lp.findlaw.com/10th/065064.html
U.S. 11th Circuit Court of Appeals
Chandler v. McDonough (12/18/06 - No. 06-11190)
Denial of habeas petition brought by death sentenced prisoner,
convicted of capital murder, is affirmed over claims that trial
counsel rendered ineffective assistance by failing to move a second
time for a change of venue, and that the district court erred by not
granting an evidentiary hearing at which petitioner could present
evidence on this claim.
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http://caselaw.lp.findlaw.com/data2/circs/11th/0611190p.pdf
US v. Street (12/20/06 - No. 05-16299)
771-month sentence based on conviction of three bank robberies and
using a firearm during the commission of each robbery is affirmed over
claims that the district court erred in admitting defendant's
confessions and incriminating statements at trial and erred in denying
his motion for a judgment of acquittal based on the government's
failure to offer evidence of proper venue.
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http://caselaw.lp.findlaw.com/data2/circs/11th/0516299p.pdf
Supreme Court of California
Agua Caliente Band of Cahuilla Indians v. Superior Court of
Sacramento County (12/21/06 - No. S123832)
In a case involving the doctrine of tribal sovereign immunity, the
court finds that California, through its Fair Political Practices
Commission (FPPC), may file a lawsuit against a federally recognized
Indian tribe for the tribe's alleged failure to comply with the
reporting requirements for campaign contributions under the Political
Reform Act, an initiative measure that regulates numerous aspects of
the election process on the state and local level.
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http://caselaw.findlaw.com/data2/californiastatecases/s123832.doc
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http://caselaw.lp.findlaw.com/data2/californiastatecases/s123832.pdf
New York Court of Appeals
People v. Ozuna (12/19/06 - No. 185)
Conviction of first-degree criminal contempt, but acquittal of
first-degree rape, is affirmed over claim that trial counsel provided
ineffective assistance by failing to investigate or call defendant's
father as a witness to corroborate defendant's contention that he
repeatedly called complainant, his former girlfriend, from jail,
despite order forbidding contact, since complainant allegedly appealed
to defendant's father to ask him to call her.
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http://caselaw.lp.findlaw.com/data/ny/cases/app/185mem06.pdf
People v. Barton (12/19/06 - No. 176)
A holding that section 44-4(H) of the City of Rochester's Municipal
Code, which addresses aggressive panhandling on sidewalks or alongside
roadways, is constitutional is affirmed, as section 44-4(H) focuses on
specific conduct that the city has an interest in controlling in order
to further a significant content-neutral government interest and it is
narrowly tailored.
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http://caselaw.lp.findlaw.com/data/ny/cases/app/176opn06.pdf
People v. Gillian (12/21/06 - No. 184)
Conviction of one count of criminal sale of a controlled substance in
the third degree and one count of criminal possession of a controlled
substance in the third degree, finding of second felony offender
status, and sentence to indeterminate terms of 9 to 18 years on each
count, to run concurrently, is affirmed over claim that County Court
deprived defendant of his Sixth Amendment right to represent himself.
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http://caselaw.lp.findlaw.com/data/ny/cases/app/184opn06.pdf
California Appellate Districts
People v. Conrad (12/19/06 - No. C047936)
Dismissal of criminal case against defendant where a witness died
during the prosecution's delay is reversed as the trial court should
have fashioned a less severe solution to protect defendant's due
process and fair trial rights.
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http://caselaw.lp.findlaw.com/data2/californiastatecases/c047936.pdf
People v. Rasmuson (12/21/06 - No. B183616)
Denial of petition for conditional release under Welfare &
Institutions Code section 6608, made by defendant incarcerated at
Atascadero State Hospital as a sexually violent predator, is reversed
as there was no evidence supporting the trial court's implicit finding
that defendant had failed to meet his burden of demonstrating that he
was not likely to reoffend.
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http://caselaw.lp.findlaw.com/data2/californiastatecases/b183616.pdf
League of Women Voters of Cal. v. McPherson (12/21/06 - No.
A114988)
Petitions for writ of mandate compelling secretary of state and
director of elections to accept affidavits of registration to vote
from all individuals, otherwise qualified to vote, who are confined in
local jails pursuant to a sentence imposed under Penal Code sections
17 and 18 or as a condition of felony probation, and to ensure that
these individuals are duly registered and able to vote in elections,
is granted with modifications, where: 1) the court suspends sentence
and places defendant on probation, defendant has not suffered a
conviction for purposes of article II, section 4, which disqualifies
electors who are imprisoned or on felony parole; 2) a probationer is
ordered to serve time in a local facility because sentence has been
suspended, he has not been imprisoned for a felony, but has been
confined as a condition of probation; and 3) by virtue of Penal Code
section 18, a felony offense is punishable by fine or imprisonment in
county jail, and the trial court enters ! judgment imposing something
other than imprisonment in state prison, the crime is a misdemeanor
for purpose of article II, section 4.
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http://caselaw.lp.findlaw.com/data2/californiastatecases/a114988.pdf
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