Topic
Every decision we've filed under Constitutional.
The Sixth Circuit affirmed Amador Magallon Guerrero's convictions for drug trafficking and money laundering, rejecting his claims that his confession and cellphone searches violated the Fourth, Fifth, and Sixth Amendments. The court held that Guerrero failed to prove his statements were coerced or that his consent to search his phones was involuntary.
The Tenth Circuit denied Abdul Waris Akinsanya a certificate of appealability regarding his ineffective assistance of counsel claim. The court held that no reasonable jurist could debate the district court's factual finding that trial counsel adequately advised Akinsanya of the immigration consequences of his plea.
The Tenth Circuit denied a petition to overturn a federal ban on commercial air tours over Bandelier National Monument, ruling that the Agencies' plan was consistent with the National Parks Air Tour Management Act. The court held that the statutory standard for significant adverse impacts under the Air Tour Act differs from the environmental standard under NEPA, allowing the ban to stand despite a finding of no significant environmental impact.
The United States Court of Appeals for the Third Circuit dismissed a petition for a writ of mandamus because the underlying habeas corpus petition had already been resolved. The court found the case moot since the petitioner received the relief he sought from the District Court.
The Third Circuit affirmed the dismissal of Harinder Singh's fourth amended complaint, ruling that he failed to state plausible claims for Eighth Amendment excessive fines or municipal liability. The court held that further amendment would be futile given Singh's history of defective pleadings and the lack of new factual allegations.
The Seventh Circuit affirmed summary judgment for an insurer, holding that a church breached its policy by delaying repairs for two years while disputing cost estimates. The court ruled that the contractual obligation to rebuild 'as soon as reasonably possible' is a strict condition precedent that cannot be bypassed by valuation disputes.
The Tenth Circuit affirmed the district court's summary judgment on an unlawful seizure claim because the appellant failed to challenge one of three independent alternative grounds supporting the ruling. The court also affirmed the dismissal of an excessive force claim, holding that the law was not clearly established at the time of the incident.
The Tenth Circuit denied Erick Wanjiku's request to file a second or successive habeas corpus petition because his claims did not meet the strict statutory exceptions required by federal law. The court emphasized that Wanjiku's own motion admitted his claims failed to rely on a new rule of constitutional law or present previously undiscoverable facts establishing innocence.
The Tenth Circuit denied Venancio Vigil's request for a certificate of appealability because he failed to argue that reasonable jurists could debate the district court's procedural ruling. The court dismissed the appeal without reaching the merits of his claims regarding perjury, evidence tampering, and Brady violations.
The Third Circuit denied a petition for a writ of mandamus, ruling that the delay in adjudicating the petitioner's pending habeas motion did not constitute an undue failure to exercise jurisdiction. The court declined to intervene while a separate motion for judicial recusal remained unresolved at the district level.