8th Circuit Court

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.

Jul 28, 2020 11:42 AM CDT

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 president” when it sought to drop the case against former National Security Adviser Michael Flynn, according to an amicus lawyer…

Jun 10, 2020 4:01 PM CDT

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 abortions during the COVID-19 pandemic. Arkansas still allows surgical abortions needed to protect the life or health of the patient,…

Apr 23, 2020 4:51 PM CDT

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.

Feb 28, 2020 10:28 AM CST

Federal judge refuses to OK consent decree limiting caseloads for Missouri public defenders

A federal judge in Missouri has refused to approve a consent decree that would have limited state public defenders to no more than 173.3 hours worth of cases each month, a standard that is based on a 40-hour workweek.

Jan 30, 2020 2:30 PM CST

Equity partner at law firm wasn’t protected from mandatory retirement by federal age bias law, 8th Circuit rules

An equity partner at Armstrong Teasdale can’t sue under the Age Discrimination in Employment Act for his ouster under a mandatory retirement policy, a federal appeals court has ruled.

Dec 4, 2019 2:47 PM CST

Anti-panhandling law likely violates First Amendment, 8th Circuit says

A ban on harassing panhandling in Arkansas is likely unconstitutional, and enforcement of the law may be banned statewide, a federal appeals court has ruled.

Nov 7, 2019 12:36 PM CST

8th Circuit rejects lawyer’s challenge to mandatory bar dues

A federal appeals court has rejected a lawyer’s challenge to North Dakota’s procedures for collecting mandatory bar dues.

Sep 3, 2019 1:52 PM CDT

8th Circuit reinstates legal challenge by videographers who won’t make same-sex wedding videos

A federal appeals court on Friday reinstated a challenge to Minnesota’s anti-bias law by videographers who say they can’t be required to make same-sex wedding videos because it would violate their religious beliefs. The St. Louis-based 8th U.S. Circuit Court of Appeals ruled that Carl and Angel Larsen, owners of…

Aug 26, 2019 12:11 PM CDT

Handcuffing of second grader didn’t violate his constitutional rights, 8th Circuit says

A 7-year-old elementary school student who was handcuffed by a police officer for 20 minutes can’t sue because there was no violation of his constitutional rights, a federal appeals court has ruled.

Aug 5, 2019 11:31 AM CDT

Afternoon Briefs: 4th Circuit tosses emoluments suit; health insurance mandate on shaky ground

• A federal appeals court has tossed a case contending that President Donald Trump is violating the Constitution’s ban on presidents accepting emoluments from foreign states. The 4th U.S. Circuit Court of Appeals at Richmond, Virginia, unanimously ruled that the state of Maryland and Washington, D.C., had no standing to…

Jul 10, 2019 4:46 PM CDT

8th and 10th Circuits split over female topless ban

The 8th U.S. Circuit Court of Appeals at St. Louis has upheld a Springfield, Missouri, ordinance that bans women but not men from exposing their nipples in public. The appeals court affirmed a federal judge’s decision to toss an equal-protection challenge to the ordinance, the Springfield News-Leader reports. How Appealing…

May 8, 2019 7:00 AM CDT

Suspects wrongly persuaded of their guilt to share in $28M award after Supreme Court rejects cert

The case of the wrongly imprisoned “Beatrice Six” came to a close Monday when the U.S. Supreme Court refused to hear a Nebraska county’s appeal of a $28.1 million judgment for a reckless investigation by its sheriff’s department. The six murder defendants served an estimated, collective 70 years in prison…

Mar 6, 2019 4:26 PM CST

State and governor can’t be sued over public defender caseloads, 8th Circuit says

Missouri and its governor have immunity in a suit claiming indigent defendants in the state aren’t receiving meaningful representation in violation of the Sixth Amendment, a federal appeals court has ruled. The 8th U.S. Circuit Court of Appeals at St. Louis ruled Jan. 10 in a would-be class action filed…

Jan 15, 2019 1:45 PM CST

5 Arkansas justices file petition in their own court seeking to toss ethics charges against them

Five Arkansas Supreme Court justices are trying to block the state’s judicial discipline agency from sanctioning them over their quick decision to remove a judge from capital cases after he participated in death penalty protests. The five justices filed a petition with their own court on Wednesday seeking dismissal of…

Oct 18, 2018 4:23 PM CDT