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Muslim Inmate's Challenge To Prison Regulations Under RLUIPA, and Criminal Matters

By FindLaw Staff on August 17, 2010 9:03 AM

El-Tabech v. Clarke, No. 09-1554, involved an action by a Muslim inmate alleging that prison officials were violating his religious rights under the First Amendment and the Religious Land Use and Institutionalized Persons Act.  The court reversed two contempt orders regarding defendants' compliance with the district court's judgment, holding that 1) Congress did not reflect in 42 U.S.C. section 1988 a "clear and manifest" intent to entirely preempt statutes such as Neb. Rev. Stat. section 25-1806; 2) the district court failed to determine an appropriate compensatory post-judgment interest rate; and 3) plaintiff did not fully deduct time spent on unsuccessful or non-compensable issues, his attorneys spent an unreasonable amount of time on compensable aspects of the case, and the requested fee was not proportional to the relief obtained.

In US v. Ellison, No. 09-3196, the court affirmed defendant's conviction for aiding and abetting the robbery of three federally insured banks, holding that 1) the district court did not clearly err in finding the government's reason for striking a juror to have been race neutral; and 2) gang-related evidence was relevant to establish defendant's identity as the gunman in the robberies.

White v. Dingle, No. 09-1415, concerned habeas proceedings arising in a first-degree murder prosecution.  The court remanded for further proceedings on the grounds that 1) a second or amended habeas petition cannot relate back to the time at which the original petition was filed; but 2) under the unusual circumstances presented here, petitioner was entitled to equitable tolling of the statute of limitations.

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