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

August 2011 Archives

Artificial Insemination Child Denied Social Security Benefits

Children are expensive. Childcare and tuition costs are increasing far faster than the rate of inflation. As a result, many couples are waiting longer to have a child, which, in turn, means that more couples are turning to fertility treatments, including artificial insemination, to conceive when they can afford a child.

Why should this matter to lawyers?

Sometimes family planning does not occur on the couples’ intended schedules. Sometimes one partner dies before the couple can start a family. But when the surviving partner decides to have children using the eggs or sperm of his/her late spouse, the legal result can turn into a nightmare hypothetical from your law school past.

Prisoner to Proceed with Civil Rights Claim for Comic Book Denial

Some people really love their magazines.

On Thursday, the Eighth Circuit Court of Appeals found that a South Dakota prisoner who was denied delivery of a magazine has a right to file a civil rights claim against the prison for mail censorship.

Anthany Kaden, an inmate at the South Dakota State Penitentiary (SDSP), alleges that the prison's warden and staff violated the First Amendment by refusing to give him a magazine he had ordered because it was too violent. Kaden sued the prison under the Civil Rights Act seeking damages and the right to receive the magazine.

Casual Chat, Unobstructed Exit Don't Trigger 4th Amendment

Are bank robberies no longer en vogue? After watching The Town and learning that Charleston, Mass. is allegedly the bank robbery capital of America, we've been looking for cases challenging bank robbery convictions in the First Circuit. We have been disappointed.

If you've been longing for a good bank robbery appeal, like we have, today is your lucky day; the Eighth Circuit Court of Appeals just decided a gem of a case.

Arkansas Green Party Ballot Appeal Rejected

The Eighth Circuit Court of Appeals rejected the Arkansas Green Party’s First and Fourteenth Amendment challenge to the state’s ballot access policy this week, demonstrating that the court will not haphazardly overturn state laws to assist political parties in gaining access to election ballots.

A candidate in Arkansas has two main ways to get her name on the ballot as a party’s candidate: She could run as the nominee of a state-certified political party, or she could declare herself part of a new political party and file a petition of 10,000 registered Arkansas voters’ signatures collected within a 90-day period.

Warrantless Search of Vehicle Nabs Missouri Drug Trafficker

Most drug runners don't invest time in crafting commanding street names like our favorite cable drama kingpins, U-Turn and Krazy 8; writing appellate briefs would be much more amusing if they did. However, one notable exception, who artfully balanced international flair and algebraic mystery, was Missouri trafficker Claude X.

Sadly, Claude X will have to settle for the best name on his cell block since the Eighth Circuit just upheld the warrantless search of his vehicle under the automobile exception.