U.S. Eighth Circuit

U.S. Eighth Circuit - The FindLaw 8th Circuit Court of Appeals Opinion Summaries Blog


Many recent claims of stolen art relate back to Nazi-looted art during World War II -- but not all cases. Many countries, the likes of Turkey and Egypt, with rich cultural heritages are often challenged with the reality of stolen antiquities, and the difficult legal maneuverings needed to repatriate artifacts.

The most recent case involves the Mask of Ka-Nefer-Nefer, but was decided on a procedural technicality that has the Egyptian Antiquities Minister Mohamed Ibrahim very upset.

The Eighth Circuit recently denied review of a Board of Immigration Appeals ("BIA") decision which decided that a lawful permanent resident may be deported on the basis of a drug paraphernalia statute that was related to a controlled substance.

Though the Eighth Circuit aligned itself with many other circuits, the Supreme Court today granted cert to determine whether the government must prove the connection between a state drug paraphernalia conviction and a federally controlled substance.

The controversy stirred up by the botched execution of Clayton D. Lockett in Oklahoma has left states asking -- in my humble opinion -- the wrong question. Rather than reexamining the moral implications of a society that allows the death penalty to exist as a legal means of punishment, states are trying to figure out how to kill people.

Some states are going back to the electric chair, while others ponder the firing squad, reports The Associated Press. So Missouri Attorney General Chris Koster is proposing something new -- something akin to a very popular show on AMC about a chemistry teacher who becomes a drug dealer, which will remain nameless.

Russell Bucklew was on death row and his execution was scheduled for Wednesday, but because of last minute legal maneuvers, was put off.

After a stay was granted, lifted and put back into place, a full Supreme Court decided to grant a stay pending further appeals. Here's a detailed look at the situation.

One week ago, Arkansas became the 22nd state in the United States to give the green light to same sex marriage, says Bloomberg. On Monday, same sex couples waited in line outside county court houses to obtain marriage licenses. But, some counties didn't issue licenses citing confusion.

As parties on both sides of the issue scramble for clarity, one question now remains: will the court's decision be stayed?

The Supreme Court recently granted a petition for writ of certiorari for a case originating in the Eighth Circuit. The case is a classic example of a circuit split.

Essentially, the question before the Court is: What is sufficient notice of a rescission request under the Truth in Lending Act? That is, whether a borrower who intends to rescind a loan under the Truth in Lending Act must file a suit in federal court, or whether a letter to the lender is sufficient.

Vouching for Your Clients -- A $900,000 Mistake

This month, in the case of Gilster v. Primebank, the Eighth Circuit upheld the long-standing rule that lawyers cannot vouch for their clients.

The Facts

This was a sexual harassment case. Plaintiff claimed that Joseph Strub, her supervisor at Primebank in Sioux City, Iowa, made comments about her legs, placed his arm on her shoulders, told her that they should hook up, pressed his pelvis against her backside, massaged her shoulders, and told her to bend over and show more bra to bring in more customers. Defense admitted that when the plaintiff inquired about a bonus in front of colleagues at a meeting, Strubs told her to take out her teeth (she wears dentures), come to his office and close the door.

The 4th Amendment: Still Alive and Kicking in the 8th

The 8th Circuit Court of Appeals breathed a bit of life into our republic on April 19 as it decided in a divided opinion, of course that the Fourth Amendment protection against unreasonable search and seizure is still with us despite the imminent threat of ... money?

In 2010, Carlos Martins was driving his pickup just west of Omaha, Nebraska when Deputy David Wintle pulled him over because his license plate was "obstructed" in violation of Nebraska Revised Statute 60-399(2). And by "obstructed," Wintle means that he had to get within 100 feet of it to be able to read the very bottom, where it said "Utah." It's undisputed that the rest of the license plate was completely clear.

Constitutional precedent is clear. The Roe v. Wade Court held that the Fourteenth Amendment's Due Process Clause provides a qualified right to women to terminate a pregnancy. In Planned Parenthood v. Casey, the Court reiterated that before viability (generally understood to be 24 weeks), a State's "interests are not strong enough to support an abortion prohibition or the imposition of substantial obstacles to the woman's effective right to elect the procedure."

Nonetheless, many states continue to pass legislation that appears to be facially unconstitutional. Arkansas is one of them.

Quite a few cases making the rounds in the Eighth Circuit are making headlines and deal with everything from Wizard of Oz merchandise, to kosher hot dogs. Here's a breakdown in the latest news out of the Eighth Circuit.

Iowa Campaign Finance Ban

In 2013, the Eighth Circuit upheld an Iowa law that "allow[s] for independent expenditures by corporations and unions but ... ban[s] ... direct contributions to candidates and committees by corporations," reports Reuters. An anti-abortion group challenged the ban, and petitioned for writ of certiorari, which the Supreme Court denied on Monday. This is highly interesting light of the Court's ruling last week in McCutcheon v. Federal Election Commission; it shows the Court has said all that it wants to for now on campaign finance.