8th Circuit Court

214 ABA Journal 8th Circuit Court articles.

Afternoon Briefs: State supreme court limits use of bail; prosecutors in this state may face stricter discipline

California judges must consider defendant’s ability to pay when setting bail, ruling says

The California Supreme Court ruled Thursday that it is unconstitutional to keep criminal defendants behind bars simply…

7th Circuit creates clear split on viability of balancing test used to evaluate abortion restrictions
The 7th U.S. Circuit Court of Appeals at Chicago has ruled that a balancing test should still be used to evaluate abortion restrictions, creating a clear circuit split on the issue.
Lawyer who pleaded guilty in porn lawsuit scheme must pay $1.5M restitution, 8th Circuit says
A federal appeals court has upheld a $1.5 million restitution order against a Minnesota lawyer who pleaded guilty in a scheme to upload porn to file-sharing websites and then sue people who downloaded it.
No federal appeals court has more female than male judges; which one is evenly balanced?
Just one federal appeals court has an equal number of active male and female judges.
Federal appeals judges suggest SCOTUS should allow states to ban ‘eugenics’ abortions
A Jan. 5 federal appeals decision is getting some attention because of concurrences suggesting that the U.S. Supreme Court should revisit its abortion decisions.
En banc 5th Circuit allows Medicaid defunding of Planned Parenthood
Medicaid patients don’t have a right to sue over a state’s decision to end Medicaid funding for Planned Parenthood, the en banc 5th U.S. Circuit Court of Appeals at New Orleans ruled Monday.
No new wave of election lawsuits emerged Tuesday; which pending cases could make a difference?
A wave of Election Day litigation did not materialize Tuesday, even as President Donald Trump vowed to take voting cases to the U.S. Supreme Court.
Afternoon Briefs: Texas courts allow count of drive-thru votes; 8th Circuit questions extended ballot deadline

Drive-thru votes can be counted in Texas, 2 courts say

The Texas Supreme Court and a federal judge in Houston have refused to stop the counting of nearly 127,000 votes…

8th Circuit rules judge can’t sentence defendant after telling him federal system ‘sucks,’ advising on plea bargain
A federal judge in Kansas City, Missouri, can’t sentence a defendant after telling him that the federal judicial system “sucks,” and he probably would get less time if he opted for trial instead of a guilty plea, a federal appeals court has ruled.
8th Circuit rules against grand juror who wanted to talk about Michael Brown case
A federal appeals court has ruled against a grand juror who wanted to correct the record after a prosecutor discussed evidence in the 2014 fatal shooting of Michael Brown, an 18-year-old Black man, by a white police officer in Ferguson, Missouri.
Will Roberts opinion ‘eviscerate abortion rights’? 8th Circuit cites new standard
Abortion restrictions should be evaluated under a new approach as a result of a June opinion by U.S. Supreme Court Chief Justice John G. Roberts Jr., a federal appeals court said Friday.
Threat against judge not protected by attorney-client privilege, 8th Circuit rules
A federal appeals court has upheld the conviction of a man for threatening a federal judge in a phone call with his lawyers.
Afternoon Briefs: ‘Highly irregular conduct’ by DOJ alleged; satanist loses abortion case

DOJ engaged in ‘highly irregular conduct,’ says amicus appointee in Michael Flynn case

The U.S. Department of Justice “engaged in highly irregular conduct to benefit a political ally of the…

Afternoon Briefs: 8th Circuit OKs surgical abortion ban; holdout juror’s ouster leads to new trial

8th Circuit allows Arkansas to ban most surgical abortions during pandemic

The 8th U.S. Circuit Court of Appeals at St. Louis has allowed Arkansas to enforce its ban on surgical…

ABA brief criticizes trend in which courts fail to consider prevailing norms in ineffective assistance cases
The ABA has filed an amicus brief urging the U.S. Supreme Court to reaffirm that courts must look to “prevailing professional norms” when assessing lawyers’ performance in ineffective assistance cases.

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