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

November 2011 Archives

Thanksgiving Miracle: DMV Grants Attorney Pro-Pot License Plate

If you thought holiday miracles were restricted to December celebrations, then prepare to have your heart warmed.

Frank Shoemaker has a reason to give thanks this week after the Nebraska DMV respected his free speech rights - not to mention Eighth Circuit Court of Appeals precedent - and granted his request for a personalized license plate reading NE 420.

Shoemaker, a farmer and former lawyer, is sponsoring a petition drive for Proposition 19, a state ballot measure to legalize marijuana in Nebraska next year, reports Reuters.

Eighth Circuit Rejects Defendant's Motion to Withdraw Guilty Plea

The Eighth Circuit Court of Appeals has greater tolerance for misstatements from courts than it does for misstatements from criminal defendants.

Michael Buck pleaded guilty to participating in a commercial sex trafficking operation in Missouri. Under the operation, Buck forced female victims to engage in sex acts by threatening them with physical harm. By way of a telephone service, Buck would sell the services of the women in strip clubs, motels, apartments, and houses to his customer base.

NBA Players Skip Union Decertification, Vote to Disband

The NBA season is in jeopardy, and the Eighth Circuit Court of Appeals is to blame.

After weeks of union decertification talk, NBA players took action this week. On Monday, negotiations between players and owners ended, and the National Basketball Players Association (NBPA) voted to disband.

As members of the NBPA - a union - players were stuck in the collective bargaining process. Now that the players have elected to disband the NBPA, they can pursue an antitrust lawsuit against the NBA owners.

No Ex Post Facto Law Defense in Murder-for-Hire Case

This week, the Eighth Circuit Court of Appeals tackled murder-for-hire, the statute of limitations, and ex post facto laws.

Here’s just one of the problems with getting caught up in a murder-for-hire scheme: If you’re unsuccessful, you don’t get paid, and if you’re successful, it may be hard to use the statute of limitations to evade prosecution.

(Yes, a greater problem is that it is wrong to kill a person, but we don’t think that someone who would actually contemplate murder-for-hire is persuaded by such sound reasoning.)

Jesse Ventura Ponders Eighth Circuit TSA Lawsuit?

Jesse Ventura has been many things in his life - a professional wrestler, Navy SEAL, and Minnesota governor - but he's no longer a patriot.

That's because U.S. District Judge Susan Richard Nelson dismissed Ventura's lawsuit against Secretary of Homeland Security Janet Napolitano and the Transportation Security Administration (TSA). Ventura, who received a titanium hip implant in 2008, claims that he is unconstitutionally subjected to TSA's enhanced body-imaging technology and full-body patdowns because he does not pose a threat to airline safety.

Attorney Resources: Eighth Circuit Cases in FDsys Pilot Program

Free, reliable attorney resources are hard to come by, so Eighth Circuit practitioners will be pleased to learn that the Government Printing Office (GPO) has launched a free Eighth Circuit case repository pilot program.

The Eighth Circuit Court of Appeals is the only appellate court to participate in the pilot program, which launched in October. The program enhances access to federal court opinions through the Federal Digital System (FDsys), an outgrowth of the GPO.