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US Circuit Court of Appeals
8th Circuit Case Summaries

2005/04/07

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OPINION SUMMARIES -April 07, 2005
U.S. 8TH CIRCUIT COURT OF APPEALS
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04/07/05 Jason Albert Becht v. United States
Opinion
U.S. Court of Appeals
Case No. 03-2708
District of Minnesota
Prisoner case - habeas. Because an y reasonable jury considering the trial record would find that the pornographic materials leading to Becht's conviction depicted actual minors, he failed to establish prejudice from his appellate counsel's failure to challenge on direct appeal a jury instruction which was erroneous under Free Speech Coalition v. Ashcroft, which held the "appears to be" a depiction of a minor language in the Child Pornography Prevention Act of 1995 was unconstitutional. [PUBLISHED] [Colloton, Author, with Lay and Benton, Circuit Judges]
Opinion

04/07/05 United States v. Joseph Maltais
Opinion
U.S. Court of Appeals
Case No. 04-1890
District of North Dakota
Criminal case - criminal law. Officer had reasonable suspicion of criminal activity to detain defendant and his vehicle; neither manner of detaining defendant (placing him in the squad car) nor the length of the detention (almost three hours) was unreasonable under the circumstances (early morning stop in a remote area near the Canadian border). [PUBLISHED] [Colloton, Author, with Wollman and Lay] Opinion

04/07/05 Charles A. Trobaugh v. Kerry Hyatt
Opinion
U.S. Court of Appeals
Case No. 04-2243
Northern District of Iowa
Prisoner case - prisoner civil rights. Claims against federal defendants were not administratively exhausted and were properly dismissed; district court did not abuse its discretion in refusing to exercise supplemental jurisdiction over the state claims raised in the complaint. [UNPUBLISHED] [Per Curiam - Wollman, Murphy and Benton]
Opinion

04/07/05 Sam Thurmond-Green v. Gene Hodges et al.
Opinion
U.S. Court of Appeals
Case No. 04-2600
Eastern District of Arkansas
Prisoner case - prisoner civil rights. Based on the pleadings, court could not say Green's conviction was a complete defense to the claims his Section 1983 action raised concerning his arrest; case remanded for further proceedings. [UNPUBLISHED] [Per Curiam - M. Arnold, Fagg and Smith, Circuit Judges]

Opinion

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