Criminal Law Library Blog
November 10 – 14, 2008.
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U.S. 1st Circuit Court of Appeals, November 10, 2008 Giragosian v. Ryan, No. 081067 In a claim by plaintiff gun shop owner against chief of police and town for revocation and forfeiture of plaintiff’s licenses to carry and sell firearms, defendants’ motion to dismiss is affirmed where: 1) plaintiff’s section 1983 claims against defendants are barred by the doctrine of res judicata on the basis of claim preclusion; and 2) the district court did not improperly convert plaintiff’s motion to dismiss into a motion for summary judgment.
U.S. 4th Circuit Court of Appeals, November 12, 2008 US v. Jefferson, No. 084215 Indictment of defendant-state congressman for conspiracy and substantive offenses related to participation in multiple schemes is affirmed over claims of error that: 1) the grand jury was improperly presented with evidence of defendant’s legislative acts and that such evidence was relevant to its decision to indict; and 2) the indictment thus contravened the legislative immunity provided to defendant by the Speech or Debate Clause of the U.S. Constitution, art. I, section 6, cl. 1. .
U.S. 5th Circuit Court of Appeals, November 14, 2008 Cadles of Grassy Meadows II, LLC v. Goldner, No. 07-10711 Petition for panel rehearing granted, prior opinion withdrawn, and matter remanded for further proceedings in light of Kerlin v. Sauceda, 05-0653 (Tex. October 10, 2008).
U.S. 1st Circuit Court of Appeals, November 10, 2008 Giragosian v. Ryan, No. 081067 In a claim by plaintiff gun shop owner against chief of police and town for revocation and forfeiture of plaintiff’s licenses to carry and sell firearms, defendants’ motion to dismiss is affirmed where: 1) plaintiff’s section 1983 claims against defendants are barred by the doctrine of res judicata on the basis of claim preclusion; and 2) the district court did not improperly convert plaintiff’s motion to dismiss into a motion for summary judgment.
U.S. 4th Circuit Court of Appeals, November 12, 2008 US v. Jefferson, No. 084215 Indictment of defendant-state congressman for conspiracy and substantive offenses related to participation in multiple schemes is affirmed over claims of error that: 1) the grand jury was improperly presented with evidence of defendant’s legislative acts and that such evidence was relevant to its decision to indict; and 2) the indictment thus contravened the legislative immunity provided to defendant by the Speech or Debate Clause of the U.S. Constitution, art. I, section 6, cl. 1.
U.S. 5th Circuit Court of Appeals, November 14, 2008 Cadles of Grassy Meadows II, LLC v. Goldner, No. 07-10711 Petition for panel rehearing granted, prior opinion withdrawn, and matter remanded for further proceedings in light of Kerlin v. Sauceda, 05-0653 (Tex. October 10, 2008).