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1000 OPINION/ORDER
LLC were on brief for appellant. P.A. were on brief for cross appellant. It ruled that because the Advest IRA was in Cox's name when Cox petitioned for bankruptcy. Hence was not subject to the later judgment of the divorce court. We reverse the court's decision as to the Advest IRA and remand for further proceedings consistent with this opinion.

  • BACKGROUND

Laurie Davis and Thomas Cox were married on August 17. They have two minor children. Davis was a homemaker and. Cox was a successful commercial attorney. The court was required by Maine law to issue. The preliminary injunction was meant to keep intact. Is equitably divided by the court between the divorcing pair irrespective of in whose name it was held.

967 OPINION/ORDER
Circuit Judge: At issue in this case is whether prior rulings rendered by a New York State Supreme Court in divorce proceedings between Appellant Michael Urfirer and his wife. Urfirer's claims allege that Robert and Jeffrey Cornfeld fraudulently induced him to sign a provision of his divorce settlement agreement with Leslie Cornfeld waiving any claims he might have to any of his wife's family's property and other holdings. Because we find that the prior rulings of the New York divorce court have only interpreted the scope of the waiver without ever reaching the question of whether Robert and Jeffrey Cornfeld fraudulently obtained the waiver and because Urfirer's claims against the Cornfelds seek damages from nonparties to the divorce proceedings. They are claims that the divorce court did not and could not have previously adjudicated. Who is the daughter of Appellee Robert Cornfeld and the sister of Appellee Jeffrey Cornfeld. Stated: The Husband hereby waives any claim he has or may have in the future arising out of the Wife's family's real estate or other holdings including.
882 HOKANSON V. OPM

882 OPINION/ORDER
Senior Circuit Judge. *Honorable Will L. Circuit Judge: The ultimate question in this case is whether a state divorce court can defease the United States of its interest in property forfeited under the criminal forfeiture provisions of 18 U.S.C. § 982 (1994) and 21 U.S.C. § 853 (1994). Or at the place at which it is directed to be delivered by the person to whom it is addressed. Knowingly engages or attempts to engage in a monetary transaction in criminally derived property that is of a value greater than $10. 000 and is derived from specified unlawful activity. The punishment for an offense under this section is a fine under title 18. Or imprisonment for not more than ten years or both. (2) The court may impose an alternate fine to that imposable under paragraph (1) of not more than twice the amount of the criminally derived property involved in the transaction. .... (d) The circumstances referred to in subsection (a) are ­ (1) that the offense under this section takes place in the United States . . . . .... (f) As used in this section ­ (1) the term
852 OPINION/ORDER
The first is whether a 1992 transfer of land from a husband to his former wife constitutes a transfer
835 DAVENPORT V. OPM

824 WILLIAM H. PERRY II V. OPM

Argued for respondent.
815 OPINION/ORDER
Appeal from the United States Tax Court's decision that there is a deficiency in income tax due from them for the taxable year 1997. The gravamen of Appellants' argument is that Internal Revenue Code (
809 OPINION/ORDER
The principal issue is whether either the Property Settlement Agreement (
783 OPINION/ORDER
While divorce proceedings between William Kasben and his former wife Beryl Wilson Hoffman were pending. After Kasben was successful in having the division of property set aside on appeal. The federal bankruptcy court then set out to determine the net amount that Hoffman's bankruptcy estate owed Kasben because her estate had in the interim sold the farms that were ultimately awarded to Kasben. Dery At issue on appeal is whether the costs associated with the sale of both properties should reduce the $288. Both the bankruptcy court and the district court held that Hoffman was entitled to receive her divorce award net of the selling costs. Also at issue is the allocation of interest and attorney fees. Allocation of the two farms The bankruptcy and divorce proceedings that give rise to this appeal have spanned a decade. These proceedings are fully detailed in several state and federal court opinions. Appellant Edwin Kasben (Edwin) is Kasben's father and Hoffman's former father in 2 No. 05 1701 Kasben v. The Kasbens both argue that Edwin is the rightful owner of one of the farms at issue in this case.
763 BEATRICE M. ROSATO V. OPM

With her on the brief were Frank W. Of counsel was Earl A. We affirm.

I

Beatrice and Mario Rosato were divorced in Connecticut on July 11. Rosato was entitled to certain benefits. Or legal separation.

5 U.S.C. 8345(j)(1) (1994).

It is well settled that section 8345(j)(1) ". Authorizes [OPM] to comply with an appropriate court decree of divorce or property settlement of an employee who is entitled to payments pursuant to the Civil Service Retirement System.". OPM has promulgated regulations that define when an order of divorce or property settlement is a ". The court order must identify the retirement system under which the annuity exists and expressly state the portion to which the former spouse is entitled under the court order. OPM will not supply missing provisions. The statute and rules are clear: OPM will not look behind a state court divorce decree or property settlement order to ascertain the intent of the parties. OPM will follow its prescriptions. An order lacking the requisite specificity will be rejected by OPM.

757 OPINION/ORDER
The Plan sought a declaration that Robichaud was not entitled to pre retirement survivor's annuity benefits of her former husband. The district court held that the amended order was not a qualified domestic relations order capable of conferring on Robichaud the benefits she seeks. Robichaud and Samaroo were divorced on October 25. If husband were to retire at this time. He was covered under the AT&T Management Pension Plan. Which would have begun. There were. If there is no surviving spouse. There is no annuity. It was unclear whether state divorce decrees could effectively convey a share in one spouse's pension benefits to the other spouse. Although the Retirement Equity Act was not in effect on October 25. There was simply no pre retirement survivor's annuity payable in respect of Samaroo.2 2. She suggests in her reply brief that the original decree could have been read to give her that right. Robichaud tells us the only issue in this case is the validity of the amended order. Therefore we conclude that the adequacy of the original decree is not before us.
757 CRAVEN V. UNITED STATES (6/19/2000, NO. 99-12803)

Linda had sued the Internal Revenue Service (
757 CRAVEN V. UNITED STATES (6/19/2000, NO. 99-12803)

Linda had sued the Internal Revenue Service (
757 OPINION/ORDER
The precedential effect of this decision is limited to the case and parties pursuant to 6th Cir. Was nondischargeable because Hines had been awarded a separate property interest in the Debtor's retirement account. I. ISSUE ON APPEAL The issues presented on appeal are (1) whether a share of the Debtor's retirement plan awarded to his former wife in the parties' divorce decree is a dischargeable debt. (3) whether the bankruptcy court erred by denying confirmation of the Debtor's chapter 13 plan when the objector did not specify the Bankruptcy Code provision upon which the objection was based as required by the local rules of the bankruptcy court. An order is final if it
744 OPINION/ORDER
Contending that they were required to indemnify him for any judgment obtained against him and for the cost of defending the suit. The Settlement Agreement provided that Hazel
737 UNITED STATES V. KENNEDY (1/28/2000, NO. 98-3455)

Circuit Judge:

The ultimate question in this case is whether a state divorce court can defease the United States of its interest in property forfeited under the criminal forfeiture provisions of 18 U.S.C. § 982 (1994) and 21 U.S.C. § 853 (1994). Was forfeitable to the United States pursuant to 18 U.S.C. § 982 because it was acquired with proceeds of criminal activity.

737 OPINION/ORDER
Circuit Judge: The ultimate question in this case is whether a state divorce court can defease the United States of its interest in property forfeited under the criminal forfeiture provisions of 18 U.S.C. § 982 (1994) and 21 U.S.C. § 853 (1994). 1 and two counts of * Honorable Will L. Or at the place at which it is directed to be delivered by the person to whom it is addressed. Knowingly engages or attempts to engage in a monetary transaction in criminally derived property that is of a value greater than $10. 000 and is derived from specified unlawful activity. The punishment for an offense under this section is a fine under title 18. Or imprisonment for not more than ten years or both. (2) The court may impose an alternate fine to that imposable under paragraph (1) of not more than twice the amount of the criminally derived property involved in the transaction. .... (d) The circumstances referred to in subsection (a) are (1) that the offense under this section takes place in the United States.... .... (f) As used in this section (1) the term
737 UNITED STATES V. KENNEDY (1/28/2000, NO. 98-3455)

Circuit Judge:

The ultimate question in this case is whether a state divorce court can defease the United States of its interest in property forfeited under the criminal forfeiture provisions of 18 U.S.C. § 982 (1994) and 21 U.S.C. § 853 (1994). Was forfeitable to the United States pursuant to 18 U.S.C. § 982 because it was acquired with proceeds of criminal activity.

713 OPINION/ORDER
Fox and Carragher & Fox were on brief for appellees Edward Martin. Because dismissal was on the pleadings. Cautioning that they have yet to be proved. Annette and Joseph DeMauro were married in 1979. Two corporati N was alleged to have a residence in Massachusetts and both corporations had offices in the state. Several states of the United States and various and sundry other locations most of which accounts were established under the names of straws. Shell companies and phony 1 Diversity jurisdict ion was not available because although Joseph is apparently not a New Hampshire resident. Annette and the Martins are New Hampshire residents. The alleged activity was undertaken not by Annette's husband alone. Joseph was finally served with process while appearing involuntarily in New Hampshire state court. The dismissal was based upon the doctrine of abstention established in Burford v. Noting that Annette could replead if and when she can show a
713 LINDA L. VACCARO V. OPM

Argued for respondent.
713 OPINION/ORDER
The issue in this case is whether an Oklahoma divorce court's interlocutory (1) After examining the briefs and appellate record. The case is therefore ordered submitted without oral argument.
protective orders requiring a husband. We have jurisdiction. I The facts are undisputed and ably set out in Simpson II. TDW determined the parties'
704 OPINION/ORDER
Were on brief. Although Batista concedes that he is removable based on a drug trafficking conviction. He contends that he is entitled to relief from removal because his father. Was his custodial parent. Hence he is a derived United States citizen. We find that there is a genuine issue of material fact regarding Cesar Batista's nationality and transfer this case to the district court for a new hearing on the matter.

704 HAWKINS V. COMMISSIONER

We have jurisdiction under 26 U.S.C. 7482(a)(1) and now reverse. Hawkins (
704 OPINION/ORDER
On the brief was Clark B. On the brief were Peter D. Warren is not entitled to a survivor annuity based on the two court orders entered in connection with her divorce from Richard Pike. Pike were married on November 10. Pike were subsequently divorced. Which plan is more particularly described in the Qualified Domestic Relations Order in this [case] which applies to vested sums which are accumulated or vested as of the date of this de[c]ree. Which was entered pursuant to the settlement agreement. The 1997 QDRO also provided that
696 OPINION/ORDER
Deprived her of property to which she was entitled.
696 OPINION/ORDER
Her underlying contention is that she is the owner of certain real property. That Defendants have acted illegally in interfering with her ownership. The agreement secured the indebtedness by promising to pay Plaintiff for all sums provided if and when the Henry Ruff Property was sold. Plaintiff was the sole title holder of the Huff Road Property. The circuit court found that the Henry Ruff Property was marital property to be divided2between Mary and Edward. The circuit court failed to even address whether the 1976 reconciliation agreement was valid. The court of appeals remanded the case to the circuit court to determine whether the 1976 reconciliation agreement and any of the subsequent transfers were valid. As there was a question of whether the transfers were part of a conspiracy to deprive Edward of his rightful marital property. Should have the opportunity to testify at trial. The circuit court later determined that the conveyances by Frances and Nancy were fraudulent. The circuit court found that the 1976 conveyance from Edward to Mary was void because it lacked consideration and because it was against public policy.
687 RUTH T. HAIRSTON V. OPM

Argued for petitioner.  With her on the brief was Esra Acikalin Hudson.

  With her on the brief were Robert D. Assistant Director.  Of counsel was James C. Hairston is entitled to receive the former spouse survivor annuity. Text indent:0in'>I.  BACKGROUND

            Ruth and Paul Hairston were married on July 25. Hairston's] Civil Service pension through his employment at the Long Beach Naval Shipyard is found to be community property and is ordered joined and each monthly payment is ordered divided equally between the parties.".   The final judgment of dissolution was not entered until March 18. Hairston was no longer capable of qualifying as a surviving spouse entitled to receive the survivor annuity under 5 U.S.C. § 8341(b) as elected by Mr.

687 OPINION/ORDER
That inquiry will inform our determination as to whether Bagot is correct that Respondents deported him to Guyana illegally. Having been in his father's legal custody at the time the father was naturalized. He is derivatively a United States citizen. Who was in Guyana at the time and had never been to the United States. The District Court was confronted. As we are here. With the difficult question of how to define
687 OPINION/ORDER
Debtor and his wife have accrued over $100. They have now been separated for more than seven years. The action is still pending. The most recent trial date was continued either on joint motion of the parties or without objection by the Debtor. Debtor's divorce is
678 OPINION/ORDER
The bankruptcy court also sustained in part Mungo's objection to Taylor's proof of claim by reducing the amount of the claim to a figure that Mungo argued was permissible. Mungo later sought to have the claim judgment reconsidered. Arguing that she had not actually agreed to that figure but rather that it was the only permissible amount that could be awarded. The district court's decision is appended below. The bankruptcy court's order as amended is affirmed in part and reversed in part. Taylor was a disputed creditor by virtue of her representation of Mungo in state court divorce proceedings. That motion was denied. Whether the bankruptcy court erred by failing to award Mungo costs where she was the prevailing party at trial. These issues are as follows: 1. Whether the bankruptcy court's finding that Taylor failed to give thorough advice concerning the divorce settlement was clearly erroneous. Whether the bankruptcy court's finding that Taylor and her former spouse were undergoing an irreconcilable breakdown in August 1997 was clearly erroneous.
678 OPINION/ORDER
Appellant Julie Jestice (
678 98-9502 -- MATLOCK V. RAILROAD RETIREMENT BOARD -- 12/03/1998

The case is therefore ordered submitted without oral argument.

Petitioner Bertha L. Because the Board's decision is supported by substantial evidence and is legally correct. Petitioner claimed she was the widow of decedent. A hearing officer determined that petitioner was not the legal widow of decedent. His conclusion rested on two findings: (1) petitioner's marriage to decedent was void because decedent was already married to Donna Matlock (formerly Waldon) at the time. Petitioner's subsequent marriages and that of decedent were presumed valid. This petition for review followed.

Petitioner and decedent were both married on numerous occasions. Some of these marriages were valid. Others were not. Donna Waldon was granted an interlocutory decree of divorce from Robert Waldon in California. Donna Waldon and Robert Waldon were granted a final judgment of divorce in California.

August 27. Petitioner and decedent were granted a decree of divorce in Tulsa County. The divorce decree between petitioner and decedent was set aside in Tulsa County.

670 OPINION/ORDER
Circuit Judge: Lawrence Short appeals from the judgment of the Bankruptcy Appellate Panel of the Ninth Circuit (
670 OPINION/ORDER
This district court's judgment declared that Huff was the legal spouse of William N. This case arose when the Director of the United States Office of Personnel Management (
670 LOPS V. LOPS (5/7/1998, NO. 97-9381)

Petitioner Initiates Divorce And Custody Proceedings In Germany

Petitioner and Respondent Lops were married in Germany in June 1991. Petitioner initiated divorce and custody proceedings in the German family court for the district that was the marital and habitual residence of the parties. Judge Giwitz's letter further states that Respondent Lops dispelled these concerns by arguing that he was firmly rooted in Germany and had no further connection with the United States.

670 CUMMINGS V. CUMMINGS (3/20/2001, NO. 99-14609)

Circuit Judge:

670 LOPS V. LOPS (5/7/1998, NO. 97-9381)

Petitioner Initiates Divorce And Custody Proceedings In Germany

Petitioner and Respondent Lops were married in Germany in June 1991. Petitioner initiated divorce and custody proceedings in the German family court for the district that was the marital and habitual residence of the parties. Judge Giwitz's letter further states that Respondent Lops dispelled these concerns by arguing that he was firmly rooted in Germany and had no further connection with the United States.

670 OPINION/ORDER
Circuit Judge: Lawrence Short appeals from the judgment of the Bankruptcy Appellate Panel of the Ninth Circuit (
670 OPINION/ORDER
Because the district court did not err in concluding that Taxpayer was a
670 CUMMINGS V. CUMMINGS (3/20/2001, NO. 99-14609)

Circuit Judge:

659 CAROLE A. SIMPSON V. OPM

Argued for petitioner.  With her on the brief was Bernard E. Argued for respondent.  On the brief were David M. Simpson is not entitled to receive the annuity.  We accordingly reverse and remand for further proceedings consistent with this opinion.

Carole and Harold Simpson were married in 1966.  Simpson v. Simpson.  Id.

648 OPINION/ORDER
This appeal involves an interpleader action filed by a pension plan seeking a declaration of which of two claimants is decedent. Finding that Rita is Douglas Durden's
648 99-1532 -- BURKS V. APFEL -- 11/20/2000

Finding that plaintiff Vergie Burks was not entitled to Social Security widow's insurance benefits under Title II of the Social Security Act. We have jurisdiction pursuant to 42 U.S.C.
637 OPINION/ORDER
Petitioner Carrol Morgan is subject to an Order of Removal pursuant to section 237(a)(2)(A)(iii) of the Immigration and Naturalization Act. Petitioner contends that she is not removable because she obtained derivative United States citizenship upon her mother's naturalization while her parents allegedly were separated. Because petitioner cannot establish that her parents were legally separated at the time her mother was naturalized. We will deny the petition for review. While the child is under the age of eighteen. The parent with legal custody of the child is naturalized while that child's parents are legally separated. 8 U.S.C. § 1432(a)(3). Petitioner was born in Jamaica in 1968. When petitioner was age sixteen. Her mother was naturalized. Neither petitioner nor her father have ever been naturalized. Petitioner was charged with being an alien convicted of an aggravated felony and therefore subject to removal. Because she was born out of wedlock. She was eligible for derivative citizenship under 8 U.S.C. § 1432 upon her mother's naturalization.
637 MARYANN A. WOOD V. OPM

For respondent.
637 OPINION/ORDER
Judy and John Hill were married in 1970 in Missouri. John acknowledged in his deposition taken in this case that he was dealing with a drug problem when the couple separated. Which in turn was causing financial difficulties for the couple. John was unrepresented by counsel during the dissolution proceedings and did not appear or contest the divorce. The dissolution was granted as to him by default. Judy was diagnosed with breast cancer. She still was employed by AT&T at the time of her death. Both John Hill and Sharron Long claimed they were entitled to all the funds in Judy's employee savings plan. Long's competing claim apparently was based on the Hills' divorce decree and the fact that Hill was not Judy's spouse at the time of her death. By the time Hill was notified of the decision in September 1992. The letter was returned to the company. A copy of the June letter was sent to him via ordinary mail. 2 1 AT&T had disbursed the funds. Holding that they were preempted by ERISA. The issue of whether and how a divorce decree may divest a person of beneficiary rights is not explicitly considered in ERISA and thus is a question of federal common law.4 See Mohamed v.
637 OPINION/ORDER
This disposition is not citable as precedent. It is a public record. The disposition will appear in tables published periodically. I The facts are undisputed. He was serving in the United States Army. In 1984 the Roccos were divorced in New Mexico. This voluntary election by [Louis Rocco] is in consideration of [Carol Rocco]'s having given up her career on numerous occasions to relocate and start again in her own career because of changes in [Louis Rocco]'s duty stations during his military career. Retroactively deducted from Louis Rocco's annuity and paid Carol Rocco the amounts she would have received 05 3221 2 under the divorce decree. (2000). The administrative judge held that Carol Rocco did not
626 PRESTON V. COMM'R OF INTERNAL REVENUE (4/20/2000, NO. 99-12993)

Preston appeals the judgment of the tax court that certain payments made by Preston were not deductible as alimony under § 215 of the Internal Revenue Code. Preston argues that payments to his former spouse and others for his children's expenses were deductible as alimony based upon Commissioner v. We affirm the tax court's determination that these payments were child support under I.R.C. § 71(c) and. We affirm in part and vacate and remand in part.

I.R.C. § 215

626 PRESTON V. COMM'R OF INTERNAL REVENUE (4/20/2000, NO. 99-12993)

Preston appeals the judgment of the tax court that certain payments made by Preston were not deductible as alimony under § 215 of the Internal Revenue Code. Preston argues that payments to his former spouse and others for his children's expenses were deductible as alimony based upon Commissioner v. We affirm the tax court's determination that these payments were child support under I.R.C. § 71(c) and. We affirm in part and vacate and remand in part.

I.R.C. § 215

613 OPINION/ORDER
I. Badwan is a 62 year old native and citizen of Jordan. Badwan's divorce from Bryan was thus
613 99-5058 -- READ V. KLEIN -- 01/09/2001

He maintained that the decree was entered after service by publication and thereby violated his due process rights. Read's claims against the defendant state court judges are barred by the Rooker Feldman doctrine. See District of Columbia Court of Appeals v. Read's claim against his ex wife and her lawyer on the ground that they are not state actors.

I. The decree determined that service by publication was proper. Read was the father of the parties' child. That he was responsible for child support.

Mr. Read was $32. Reasoning that the defendant judges and the defendant prosecutor were entitled to absolute immunity and that Ms. Dunn and Shannon Davis were not state actors and thus not subject to

613 OPINION/ORDER
With her on the brief were Peter D. Survivor benefits are voided if a marriage is dissolved. OPM will not honor court decrees which award survivor benefits to former spouses.
613 OPINION/ORDER
P.A. was on brief for appellant.

613 OPINION/ORDER
We find that Bagsby's appeal of the district court's refusal to dismiss Gehres' counterclaims is not properly before this Court. The Parties Bagsby and Gehres are both attorneys who were previously married to each other. The Gehres Family is comprised of Gehres's parents (Dennis and Lois Gehres). Magnevu is Gehres's former employer. Schnelz is a Michigan law firm that formerly represented Gehres in this action. Neither party shall be entitled to claim compensation of any kind or reimbursement for expenses from the other relating to legal or other services provided by one party for the other party or any law firm or other entity or person with whom the other was affiliated during the 2 During the spring and summer of 1999. Bagsby asked Gehres to assist him with evaluating the present value of a structured settlement for a case (the
613 OPINION/ORDER
Was employed by Appellee New Jersey Natural Gas Company (
613 OPINION/ORDER
Dissent by Judge Winmill ORDER A misconduct complaint was filed against a district judge of this circuit pursuant to 28 U.S.C. § 372(c) (now 28 U.S.C. § 351(a)) in February 2003. The claim asserted in the complaint is that the judge
613 OPINION/ORDER
Chief Judge Debtor Samuel Jesse Fellner appeals from the judgment of the Bankruptcy Court1 determining that certain debts he was ordered to pay pursuant to his divorce decree were excepted from his discharge under 11 U.S.C. § 523(a)(15). Because the Bankruptcy Court applied the correct legal standard and its findings of fact were not clearly erroneous. Factual Background Samuel Fellner and Kim Fellner were divorced on July 13. The divorce decree provided that each party was to pay certain individual and marital debts. The MBNA MasterCard account which Samuel was required to pay was actually in Kim's mother's name and Kim was an
600 OPINION/ORDER
Among the debts he sought to discharge were two resulting from his 1990 Maryland divorce. Before judgment was entered. Edwards filed a complaint in the bankruptcy court seeking a determination that both of Richardson's obligations the child support and the second mortgage assumption were nondischargeable debts
600 OPINION/ORDER
The district court held that the lien was not a
600 OPINION/ORDER
The district court held that the lien was not a
600 01-9007 -- BERRY V. COMMISSIONER OF INTERNAL REVENUE -- 06/06/2002

The case is therefore ordered submitted without oral argument.

Thomas Berry appeals from a Tax Court judgment upholding the Commissioner's notice of deficiency for federal income taxes due on his 1996 return. He concludes therefore that it is tax deductible under section 215(a) of the Code. His payment is tax deductible. Berry died anytime after the parties' final divorce decree was entered. The narrow question before us is whether. He would have been liable had she died before the final decree was entered.

Oklahoma law creates and defines the liability arising from the state court order directing Mr. Once the breadth of that liability is established. Our task is the same as the Tax Court's. Such a prediction is necessary because no Oklahoma statute or court decision precisely addresses the issue.

We agree with the Tax Court's conclusion that Kelly v. Is an apt analogue. Berry liable for his wife's attorney's fees even if she had died before their final divorce decree was entered. Kelly held that a couple's voluntary dismissal of their divorce action did not prevent the court from enforcing its earlier ruling requiring the husband to pay the wife's attorney's fees. Id. at 119.

585 OPINION/ORDER
Were on brief. Was on brief. Fourth and fifth claims were dismissed and the district court granted Hoyt's motion for summary judgment on the remaining claims.

Norton now seeks our review of the district court's assertion of jurisdiction over the case and the grant of summary judgment on the promissory estoppel and intentional infliction of emotional distress claims. Hoyt led Norton to believe that he was divorced. Norton discovered that Hoyt was actually married. Hoyt told Norton he was getting a divorce. Norton was employed as an elementary school teacher in the Bristol. She asserts that she would not have remained in the relationship with Hoyt if it were not for his frequent promises to divorce his wife. No child was born of the relationship because Norton suffered a spontaneous miscarriage.

In March 1998. Norton was distraught by this turn of events and sought counseling and medical attention to deal with the depression and anxiety she was experiencing. Norton reported that she was not able to resume work and that she possibly would not ever be able to commit to another relationship.

585 00-9031 -- LOVEJOY V. COMMISSIONER OF INTERNAL REVENUE -- 06/18/2002

Lovejoy appeals the tax court's determination that certain support payments he made to his ex spouse during divorce proceedings were not deductible under the Internal Revenue Code. The payments were unallocated. Meaning there was no designation as to whether they applied to child support (which is not deductible) or spousal maintenance (also known as alimony. Which is deductible). This case turns on whether Lovejoy's obligation to make these payments would have terminated automatically had his spouse died. They qualify as deductible alimony only if they would have so terminated. We conclude that Lovejoy has not met his burden of showing that the payments are deductible. We therefore AFFIRM the tax court.

* * * *

We have jurisdiction to review the tax court's decision under I.R.C.

585 OPINION/ORDER
California courts have recognized that an employee spouse like John might attempt to defeat a nonemployee spouse's community interest in a pension by continuing to work. Julie was not required to await John's actual retirement and instead demanded monthly payments in lieu of her community pension interest pursuant to In re Marriage of Gillmore. We must decide whether John was entitled to reduce his taxable income by the amount paid over to Julie in 2000.1 We conclude that he was not and reverse the Tax Court's contrary holding. Were divorced on August 19. John was employed by the Los Angeles Police Department (
585 GLAZNER V. GLAZNER (12/31/2002, NO. 02-11799)

Circuit Judge:

585 OPINION/ORDER
Kukafka was indicted by a New Jersey Grand Jury for willful failure to pay his support obligation in violation of the federal Child Support Recovery Act. Kukafka was convicted and sentenced to two years in prison and $145. Kukafka's primary challenge is that. We reject these contentions and will affirm the judgment of conviction. I. Background Ira Kukafka is a trained electrical engineer. The couple have four children. Two of his children were diagnosed with serious illnesses one with retinal blastoma resulting in the loss of an eye. The year this action was commenced. During the period he was in default. Kukafka was living with his mother and had no rent or basic living expenses. His only employment was one week of work in December 2000. Kukafka was also diagnosed with depression and diabetes. Every payment Kukafka made was pursuant to court order following contempt proceedings in Florida.1 These payments were the minimum amount needed to avoid being sent to jail for ninety days. Among other things: that he should not have to pay child support.
585 OPINION/ORDER
This disposition is not citable as precedent. It is a public record. Hernandez's annuity was never increased to reflect termination of the survival election. Annual written notices distributed to all CSRS annuitants between 1989 and 2003 stated that
585 GLAZNER V. GLAZNER (12/31/2002, NO. 02-11799)

Circuit Judge:

585 OPINION/ORDER
Because jurisdiction was based on diversity. The district court applied state law and held that the action was barred by Tennessee's one year statute of limitations. Contending that her cause of action did not accrue until she was informed by subsequent counsel in September 20. Almost two years before suit was filed. His job was made easier by the fact that. That she would have primary custody of their two children. It was also understood that the $10 million would be paid out in annual installments and would not carry interest. Later testimony indicated that $10 million may well have been an over estimate of the plaintiff's interest in the family holdings. 2 04 6347 Humphrey v. He was ordered to pay $50. When plaintiff was informed.
585 OPINION/ORDER
BACKGROUND The Debtor was incorporated in 1973 and was solely owned by Steven Grohoski. This loan was evidenced by a promissory note made payable to Suburban Builders. Claim No. 19 was timely filed in the Debtor's case in the name of
570 OPINION/ORDER
LLP was on brief for appellant.

570 OPINION/ORDER
Circuit Judge: While their divorce proceeding was pending. The federal claim alleged in the wife's lawsuit is based on the wiretapping provisions of Title III of the Omnibus Crime Control and Safe Streets Act of 1968. The plain language of the statute prohibits
570 OPINION/ORDER
The district court held that the lien was not a
570 OPINION/ORDER
With him on the brief were Peter D. Mr. and This opinion was originally issued on March 10. Hernandez's annuity was never increased to reflect termination of the survival election. Annual written notices distributed to all CSRS annuitants between 1989 and 2003 stated that
570 OPINION/ORDER
Seckler was on brief for appellee.


570 OPINION/ORDER
The issue before this Court is relatively straightforward: When marital assets have been awarded to the wife in a state court matrimonial proceeding. Are those assets nevertheless part of the husband's bankruptcy estate if a Chapter 7 petition is filed after the state court's decision but before the state court judgment is entered? Finding that the entry of the state court judgment is
570 OPINION/ORDER
Court of Appeals for the Federal Circuit
570 OPINION/ORDER
The district court held that the lien was not a
555 OPINION/ORDER
This disposition is not citable as precedent. It is a public record. Comstock were married on March 1. Comstock was employed under the CSRS with the Veterans Administration. List and her husband were divorced on May 19. List was to be paid this amount directly out of Mr. Comstock's annuity was returned to the unreduced
555 OPINION/ORDER
The note was on the sale of five A deed of trust In turn. Because on its face the note was payable only to Franke. Record title to the apartments was transferred from SLA to five limited partnerships. 2 was the sole limited partner. a predecessor in interest The partnerships obtained a new loan from to the Department of Housing and Urban Franke signed Development (HUD). The underlying debt was paid off. deeds of release stating the apartment complexes no longer secured the note's repayment. Deeds of trust on the apartment complexes were given to HUD's predecessor to secure the new loan. Was awarded a twenty year contract to manage the apartment complexes. Franke proposed a reorganization plan that was eventually accepted and confirmed by the bankruptcy court in As a result. A Missouri limited partnership in which Franke is the sole general partner. Was given title to the apartments. See 28 U.S.C. § 2410(a) (1994) (providing federal jurisdiction over actions affecting property on which the United McNeill seeks a declaratory judgment that the McNeill also seeks judicial The appellees' claims to the property are subordinate to her rights.
555 OPINION/ORDER
The consideration for the transfer was stated as ten dollars with love and admiration. The deed was not recorded. The deed was recorded on June 30. Was recorded on July 3. That after the transfer the debtor was left with an unreasonably small amount of capital with which to operate his farming business in violation of Ark. The state court found that the debtor was a single person when he transferred the property to his son in The Honorable Mary Davies Scott. That the conveyance was not ineffective as to Paula Marlar Davis and that there was no evidence when the deed was transferred in 1986 that the debtor intended to defraud his creditors. The state court opined: The fact that the deed from John Marlar to Brad Marlar was not recorded does not render it ineffective. If it was executed and delivered and for sufficient consideration then title to the land was effectively conveyed from the grantor to the grantee. The state court ruled that there was
555 OPINION/ORDER
This case arises out of an April 1996 Northwest Airlines (Northwest) interpleader of the United States and Mary Taylor (Mary) to determine whether the Internal Revenue Service (IRS) or Mary has priority and is entitled to the benefits of three Northwest sponsored employee benefits plans. Finding Mary's right to the plans under a Texas domestic relations order (DRO) was subject to a prior federal tax lien. BACKGROUND As is often the case. The sequence of events is critical. Where the plans were administered. (3) would have required Northwest to make an extra payment. The IRS and Mary were left to determine who was entitled to the plan proceeds. The IRS claimed its interest in the plan proceeds was first in time. While Mary argued her interest had priority because she was both a
555 OPINION/ORDER
Pfister (
555 OPINION/ORDER
Which is regulated by the Employee Retirement Income Security Act of 1974 2 No. 02 2984 (
555 OPINION/ORDER
It is an authority constrained by no less a power than that of the People themselves. The constitution is written.
537 99-5226 -- READ V. DUNN -- 07/14/2000

The case is therefore ordered submitted without oral argument.

Appellant Michael R. Read argues that the bankruptcy court should not have given full faith and credit to the default judgment entered against him in the state divorce proceeding because the notice by publication Dunn used for service was insufficient to vest the state court with personal jurisdiction over him. We have jurisdiction under 28 . Read and Dunn were married in 1987. Was born during the marriage. Arguing that he was never properly served in the divorce action and that the state court had no jurisdiction to enter a default judgment against him. The state court held in May 1997 that Read was properly served under state law and the divorce decree was valid. That Read had a full and fair opportunity to litigate the alleged jurisdictional defects in the state courts and was collaterally estopped from raising the same issues again in the bankruptcy proceeding. See id. at 113 16. The bankruptcy court further concluded that Oklahoma laws providing for notice by publication are constitutional. See id. at 116 17.

537 OPINION/ORDER
We conclude that the district court should have promptly adjudicated Jeremiah's Hague Convention petition in accor 13310 HOLDER v. Does not now mean that he is barred from raising them in federal court by the preclusive effect of the state court judgment or that he has waived his rights under the Hague Convention. This dispositive requirement is not met because the issues in a suit under the Hague Convention case will not be resolved by a state court custody suit in which no Hague Convention claim is raised. We also vacate the district court's denial of Carla's motion for attorney's fees on the grounds that it is premature. BACKGROUND THE HAGUE CONVENTION AND ICARA The Hague Convention is a multilateral international treaty on parental kidnapping to which the United States and Germany are signatories. Article 12 therefore provides that when a child is removed from one signatory nation to another. Article 16 provides that
537 OPINION/ORDER
The question presented in this appeal is whether the bankruptcy court correctly concluded that a court approved stipulated waiver of discharge of a specific debt. Was a valid. The Bankruptcy Court held that the stipulated waiver was valid. That case was dismissed on Dr. Barbanel may have arising out of their pending state court divorce action. Lichtenstein] entering into a Stipulation of Nondischargeability (a copy of which is attached hereto) and the filing of such Stipulation with this Court simultaneously with the tendering of this Agreed Order. She will withdraw all pending Motions and Objections filed on her behalf in connection with this case (including her Objection to Exemptions filed on November 13. This order was affirmed by the Kentucky Court of Appeals. 2000 was the last date Dr. Hearing date was set by the state court. 4 On January 12. Was a valid waiver of discharge under § 727(a)(10) and thus excepted from discharge in his second Chapter 7 bankruptcy case under § 523(a)(10). Lichtenstein
537 ESTATE OF KOSOW V. COMMISSIONER

This document was created from RTF source by rtftohtml version 2.7.5 >Estate of Kosow v. District Judge:<p> <p> The Estate of Joseph Kosow has appealed the Tax Court's decision to disallow a deduction for a claim that was made against and paid by the estate. The Tax Court held that the estate had failed to prove that the agreement by the deceased that gave rise to the claim was an agreement supported by full and adequate consideration. Who were born in 1940 and 1945. Joseph had largely disassociated himself from the manufacturing businesses and was primarily engaged in financing activities through the Industrial Finance Corporation. A corporation of which he and his brother were equal shareholders.<p> Joseph's business ventures permitted him and his family to enjoy a very comfortable standard of living. One of which was a Cadillac that was regularly replaced. Joseph paid all the major bills as they came due and Barbara was not aware of any reliance on credit to sustain their standard of living. Joseph was very secretive about his business ventures. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/054068p.pdf">OPINION/ORDER</A><BR> The BIA adopted the Immigration Judge's finding that Chukwu's testimony was not credible because of unexplained inconsistencies between Chukwu's testimony. The IJ did not determine whether it was reasonable to expect Chukwu to produce corroboration of the facts which the IJ found should have been corroborated. We will therefore grant review. Chukwu's name is also spelled </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/972244.P.pdf">OPINION/ORDER</A><BR> Who was Tom's widow. Betty's claim was based on a property settlement agreement that she entered into with Tom in connection with their divorce. The district court held that Betty's claim was preempted because it was based upon state law that related to an employee benefit plan. Her constructive trust claim is not preempted. Which was incorporated but not merged into their divorce decree. A separate QDRO that was entered by the Circuit Court of Fairfax County. The transferred policies are not at issue in this appeal. Betty never received or requested such proof. 3 was maintained through his employer. Which was administered by MetLife. This life insurance policy was subject to the provisions of ERISA. It was not specifically mentioned in the property settlement agreement. The beneficiary designations on the policies were changed frequently. Betty was not named as the beneficiary of either the MetLife policy or any other policy that would fulfill the property settlement agreement's $200. The threshold question in this case is whether ERISA preempts the enforcement of a property settlement agreement against life insurance benefits paid through an ERISA governed plan. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2003/03/02-3110.htm">02-3110 -- SMITH V. BARNHART -- 03/06/2003<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> Appellant Marjorie Smith challenges the decision of the Commissioner denying her benefits as a widow or surviving divorced spouse. We reverse and direct the award of benefits. <p> <strong>Background</strong> <p> Marjorie Smith was married to Harry Smith in Kansas on September 28. Harry was a wanderer and spent extended periods of time away from home. When their last child was conceived. This last child was listed on her birth certificate as Harry's legitimate child. Marjorie was never aware of any efforts by Harry to divorce her. <p> Nonetheless. Harry and Earlene were then divorced on October 19. Only Harry's legitimate children were eligible for benefits. Such that earlier marriages are presumed to have ended in divorce absent evidence to the contrary. <em> See Norton v. There was no evidence Marjorie and Harry had divorced. Neither was there conclusive evidence that he had not obtained a divorce in one of the many counties where he had resided. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/044072np.pdf">OPINION/ORDER</A><BR> We will affirm and remand to the District Court for a determination on the issue of supplemental attorney's fees and costs. We will provide only a brief recitation of the facts. We have jurisdiction under 28 U.S.C. § 1291. Borger's primary contention on appeal is that the evidence at trial was insufficient to support the jury's findings of malpractice and breach of contract. The District Court's decision will stand unless. There is insufficient evidence from which a jury reasonably could find liability. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/03/03-1116.PDF">OPINION/ORDER</A><BR> Were to be used in paying the marital debts. His monthly income was $1. His monthly expenses were $3. He also claimed his money market account at Northern Trust was closed in November of 1997 when he gave the final balance of $15. It later became apparent that much of this information was false. Mutuc's stated reason for filing for bankruptcy was to force his ex wife to pay the marital debts. Many of these false statements were made in documents filed in the bankruptcy court and others given orally while under oath. Mutuc was found guilty as charged and sentenced to twenty three months' imprisonment. Jonscher was not Mutuc's attorney for the criminal proceedings and there is no constitutional right to a competent attorney in civil proceedings. Was ineffective. Mutuc claims that Fennerty's examination of Jonscher was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAyLTQ4ODJfb3BuLnBkZg==/02-4882_opn.pdf">OPINION/ORDER</A><BR> The principal issue in this case concerns whether the mandatory requirement of issue exhaustion in asylum cases is also jurisdictional. Nor is it enough to permit a panel of our court to reconsider past holdings that exhau stion of some asylum questions. Is jurisdictional. It is a reason. As will be apparent. The question is determinative of the asylum case before us. 1465 U.N.T.S. 85.1 Lin's removal from the United States was first ordered in 1994. Lin had failed to establish that he had been persecuted or was likely to be persecuted by the Chinese government on account of his political opinion. In cases such as this in which deportation proceedings were initiated prior to April 1. We will use the terms </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAyLTQ4ODIgQW1lbmRlZCB3IGRpc3NlbnRfb3BuLnBkZg==/02-4882%20Amended%20w%20dissent_opn.pdf">OPINION/ORDER</A><BR> Circuit Judge: The principal issue in this case concerns whether the mandatory requirement of issue exhaustion in asylum cases is also jurisdictional. Nor is it enough to permit a panel of our court to reconsider past holdings that exhaustion of some asylum questions. Is jurisdictional. It is a reason. As will be apparent. The 2 1 2 3 4 5 6 question is determinative of the asylum case before us.1 Petitioner Lin Zhong ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2001/12/01-2210.htm">01-2210 -- BROWN V. FINZEL -- 12/06/2001<BR></A><BR> Appeals the district court's sua sponte dismissal of her claim that her 1973 divorce was void. Therefore dismissed her complaint for failure to state a claim upon which she was entitled to relief. The Equal Protection Clause in an attempt to collaterally impeach her divorce decree issued from a District of Columbia Superior Court in 1973.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/99/11/996060P.pdf">OPINION/ORDER</A><BR> Scholl argued that the debt is nondischargeable pursuant to 11 U.S.C. § 523(a)(5) because it is in the nature of alimony. Finding that the debt to Scholl was not in the nature of alimony. BACKGROUND Scholl and the debtor were divorced by a consent decree of dissolution of marriage ordered by the Iowa District Court for Adair County on October 21. Both parties were represented by counsel in the divorce proceedings. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/96opinions/96-3037.html">FOX V. OPM<BR></A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//feb95/93-4307.opa.html">ESTATE OF KOSOW V. COMMISSIONER<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 ><title>Estate of Kosow v. District Judge:<p> <p> The Estate of Joseph Kosow has appealed the Tax Court's decision to disallow a deduction for a claim that was made against and paid by the estate. The Tax Court held that the estate had failed to prove that the agreement by the deceased that gave rise to the claim was an agreement supported by full and adequate consideration. Who were born in 1940 and 1945. Joseph had largely disassociated himself from the manufacturing businesses and was primarily engaged in financing activities through the Industrial Finance Corporation. A corporation of which he and his brother were equal shareholders.<p> Joseph's business ventures permitted him and his family to enjoy a very comfortable standard of living. One of which was a Cadillac that was regularly replaced. Joseph paid all the major bills as they came due and Barbara was not aware of any reliance on credit to sustain their standard of living. Joseph was very secretive about his business ventures. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/98/04/976098P.pdf">OPINION/ORDER</A><BR> The bankruptcy court in this case held that certain debts owed to the debtor's former spouse are nondischargeable under 11 U.S.C. § 523(a)(5) and (a)(15). BACKGROUND Michael ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0051p-06.pdf">OPINION/ORDER</A><BR> So Haddad was subject to the deadline. Because the motion to reopen was filed late. BACKGROUND The facts of this case are basically undisputed. The BIA construed the motion to be exempt from the usual ninety day deadline for motions to reopen because it was based on the changed circumstance of Haddad's divorce. Given the nineteen months that had elapsed since the initial appeal was denied and the thirty nine months that had elapsed since the divorce. There is some ambiguity with respect to Haddad's date of entry. The regulations make a spouse's receipt of this derivative benefit contingent on the spousal relationship being in existence when the principal alien's asylum application is approved. 8 C.F.R. § 1208.21(b). The BIA very well might have severed Haddad's case from Ishaq's appeal if Haddad had simply asked. Jurisdiction and Standard of Review We have jurisdiction to review the denial of a motion to reopen. 8 U.S.C. § 1252(a). </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/03/10/023842P.pdf">OPINION/ORDER</A><BR> Ronald was sentenced to thirty years in prison and fined $2.3 million for operating an </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/06-3011.pdf">OPINION/ORDER</A><BR> This disposition is not citable as precedent. It is a public record. Is entitled to a cost of living adjustment ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/043824np.pdf">OPINION/ORDER</A><BR> We will affirm. I. Because the parties are familiar with the factual and procedural background of this case. We refer only to those facts that are pertinent to our disposition.1 On February 14. The Mitchells' divorce was highly contentious. As he was not the primary law enforcement officer assigned to the matter and acted merely as a supervisor. The charges against him were dropped in late 1997 or early 1998. Mitchell was charged with another crime. Approached O'Donnell while he was on foot patrol. Advised her </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/01/03/994176P.pdf">OPINION/ORDER</A><BR> His status was adjusted to that of a lawful permanent resident in September 1983 upon his marriage to an American citizen. Alleging he was ineligible for the status adjustment because his prior marriage to Lucy Iyamba. Some of which are misdirected. Appellate review is of the BIA's decision. Assuming an extra judicial divorce is possible in the region of Nigeria in which Mr. We nonetheless agree with the BIA's conclusion that he was deportable. It appears to indicate only that customary divorce is possible. Is too conclusory to provide evidence that the required steps for a customary divorce occurred. That </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/07-3205.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2003/04/02-1040.htm">02-1040 -- PATTON V. DENVER POST CORP. -- 04/23/2003<BR></A><BR> Patton sought a declaration in federal court that a state domestic relations order granting her survivor benefits in her former husband's pension plan was a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/99a0425p-06.pdf">OPINION/ORDER</A><BR> Circuit Judges. 1 2 In re Fordu COUNSEL No. 97 3936 No. 97 3936 In re Fordu 31 will not disturb a lower court's findings with respect to sanctions unless a clear abuse of discretion is found. There was no abuse of discretion by the bankruptcy court. There is no evidence. Sanctions under this provision appropriately may be awarded when an attorney advances an argument that is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=97-1976.01A">OPINION/ORDER</A><BR> Gutkoski were on brief for appellants. Johnston were on brief for appellees. This is an appeal from a jury verdict of no liability in a medical malpractice case. Plaintiff appellant is Richard K. Defendants appellees are Benjamin Mahlab. We address only one of the three issues raised by appellant because it is dispositive. Excerpts from the letters were allowed in evidence. Were the parents of two children: Brian. Klonoski was born and raised in Connecticut. Klonoski was employed by Mary Hitchcock Memorial Hospital as a cardiologist. She was sent home in the afternoon. Klonoski's death she was delivered of a healthy baby girl. Klonoski was in San Diego at a medical meeting of cardiologists on Saturday. He was notified late Saturday of his wife's admission to the hospital. His wife was comatose and did not recognize him. PRETRIAL DISCOVERY As is usual in a well prepared medical malpractice case. As is also usual. The address to which her letters (the evidence in dispute) were sent. To the extent defendants can more persuasively support their assertion that such a list (or the names of particular people which would otherwise appear on such a list) is protected by the work product doctrine (i.e. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="518"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/06/04/052207P.pdf">OPINION/ORDER</A><BR> Castillo was convicted of child abuse in Maryland. An order was entered granting the motion. The responsibilities for providing immigration related services and benefits were transferred to the CIS. We will continue to refer to the CIS as the INS throughout this opinion. 22 application. No interview was scheduled. The INS notified Castillo that his interview was scheduled for August 25. The August 25 interview date was continued. No new date was scheduled. Because INA § 212(a)(2)(A)(i)(I) provides that aliens convicted of crimes involving moral turpitude are ineligible to receive visas and ineligible to be admitted to the United States. The grant of such a waiver is within the Attorney General's discretion. The application was originally filed on June 22. An interview notice was mailed on August 15. We are requesting a new interview date as soon as possible. Please contact me if you have any questions. The INS was given notice that Castillo's divorce was pending. A number of e mails were exchanged among INS officials suggesting that the INS should continue gathering additional information regarding the divorce proceeding before adjudicating Castillo's application. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/0219.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. Circuit Judge: The government takes this interlocutory appeal to challenge the district court's in limine determination that six statements made to others by the missing victim in a federal kidnapping and murder case are inadmissible. I conclude that the district court did not abuse its discretion in deciding that the statements are excludable under Federal Rule of Evidence 403 because their probative value is substantially outweighed by the danger of unfair prejudice. Judge Traxler has written a separate opinion concurring in the judgment to affirm and concluding that the statements are inadmissible under Rule 804(b)(6)'s forfeiture by wrongdoing exception to the hearsay rule. He concludes that the O.J. statements are not excludable under Rule 403. That the defendant engaged in wrongdoing that was intended to. Lentz (Lentz) is charged with kidnapping and murdering his ex wife. The government is seeking the death penalty on count 1 and has filed the required notice. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2003/11/03-3084.htm">03-3084 -- YISRAEL V. RUSSELL -- 11/28/2003<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> Plaintiff Yericho Yisrael. That it did have jurisdiction to dissolve the marriage. He asserts that the federal court was required to evaluate whether the Kansas state court had jurisdiction to enter its orders in the divorce proceedings and that the jurisdictional issue is separate and apart from the merits of the divorce orders. Its additional rulings were void. Which were filed with court permission. <p> <center> <u>Standards of Review</u> </center> <p> We review de novo a district court's decision to dismiss for lack of subject matter jurisdiction. <em>Kenmen Eng'g v. Because plaintiff is representing himself on appeal. His pleadings will be liberally construed. <em>Haines v. If a plaintiff could have raised a constitutional issue in a direct appeal of the state court order. Because the relief he seeks from the federal court is an order setting aside the state court orders. His federal claims are inextricably intertwined with those orders. <em>See</em> <em>Kenmen Eng'g</em>. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/05/01-3190.htm">01-3190 -- ELY V. HILL -- 05/08/2002<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> Plaintiff Ronald Dale Ely appeals the district court's dismissal of his civil rights action brought pursuant to 28 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//apr99/97-2531.ma2.html">RASH V. RASH (04/30/99, NO. 97-2531)<BR></A><BR> On March 14 the wife was served with process under Fla. Alleging that the parties' residence was New Jersey and denying Florida residence. 1994 the New Jersey court entered an order finding that the husband was subject to the <EM>in personam</EM> jurisdiction of the New Jersey court and restraining him from proceeding <EM>in personam</EM> against the wife in the Florida divorce action and from obtaining relief on any issues regarding distribution of personal and real property. The hearing was not conducted on May 10.</P> <P> On July 8. That the husband should have sole ownership of his Pennsylvania Retirement System pension. Declared that the wife have no form of alimony or support from the husband. Both parties were present with their counsel and testimony was taken.</P> <P> On December 14 the New Jersey court entered an order finding that Florida had inappropriately asserted <EM>in personam</EM> jurisdiction over the wife. That it was the appropriate forum to resolve those issues relating to distribution of property and support.</P> <P> On December 19 the husband filed an answer and counterclaim in the New Jersey case.</P> <P> On June 19. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19972531.MA2.pdf">OPINION/ORDER</A><BR> On March 14 the wife was served with process under Fla. Alleging that the parties' residence was New Jersey and denying Florida residence. 1994 the New Jersey court entered an order finding that the husband was subject to the in personam jurisdiction of the New Jersey court and restraining him from proceeding in personam against the wife in the Florida divorce action and from obtaining relief on any issues regarding distribution of personal and real property. The hearing was not conducted on May 10. That the husband should have sole ownership of his Pennsylvania Retirement System pension. Declared that the wife have no form of alimony or support from the husband. Both parties were present with their counsel and testimony was taken. That it was the appropriate forum to resolve those issues relating to distribution of property and support. The court divided New Jersey real property and a trailer located in Florida and held the wife was entitled to alimony and half of the husband's social security payments and of his disability pension. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/apr99/97-2531.ma2.html">RASH V. RASH (04/30/99, NO. 97-2531)<BR></A><BR> On March 14 the wife was served with process under Fla. Alleging that the parties' residence was New Jersey and denying Florida residence. 1994 the New Jersey court entered an order finding that the husband was subject to the <EM>in personam</EM> jurisdiction of the New Jersey court and restraining him from proceeding <EM>in personam</EM> against the wife in the Florida divorce action and from obtaining relief on any issues regarding distribution of personal and real property. The hearing was not conducted on May 10.</P> <P> On July 8. That the husband should have sole ownership of his Pennsylvania Retirement System pension. Declared that the wife have no form of alimony or support from the husband. Both parties were present with their counsel and testimony was taken.</P> <P> On December 14 the New Jersey court entered an order finding that Florida had inappropriately asserted <EM>in personam</EM> jurisdiction over the wife. That it was the appropriate forum to resolve those issues relating to distribution of property and support.</P> <P> On December 19 the husband filed an answer and counterclaim in the New Jersey case.</P> <P> On June 19. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19972531.OP2.pdf">OPINION/ORDER</A><BR> On March 14 the wife was served with process under Fla. Alleging that the parties' residence was New Jersey and denying Florida residence. 1994 the New Jersey court entered an order finding that the husband was subject to the in personam jurisdiction of the New Jersey court and restraining him from proceeding in personam against the wife in the Florida divorce action and from obtaining relief on any issues regarding distribution of personal and real property. The hearing was not conducted on May 10. That the husband should have sole ownership of his Pennsylvania Retirement System pension. Declared that the wife have no form of alimony or support from the husband. Both parties were present with their counsel and testimony was taken. 3 On December 14 the New Jersey court entered an order finding that Florida had inappropriately asserted in personam jurisdiction over the wife. That it was the appropriate forum to resolve those issues relating to distribution of property and support. The court divided New Jersey real property and a trailer located in Florida and held the wife was entitled to alimony and half of the husband's social security payments and of his disability pension. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/05/10/043966P.pdf">OPINION/ORDER</A><BR> All doctors involved with the case later concurred that the injuries would not have been apparent to a lay person. Although there was little evidence to suggest what role each parent might have played. When Michael was later deposed. United States District Judge for the District of South Dakota. 2 1 Defendant Alison Downs was the Department's intake social worker assigned to the case. She was present at the police station. Downs noted on the forms that there was possible sexual abuse. There was no evidence of sexual abuse. Who were willing to take C.A. into their home and/or move to care for C.A. in a different location. Melissa and Michael were each allowed one one hour supervised visit per week. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2003/10/02-1482.htm">02-1482 -- PETERS V. WISE -- 10/10/2003<BR></A><BR> Senior Circuit Judge. <p> <hr align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0968n-06.pdf">OPINION/ORDER</A><BR> Kevin Moore and Katrina Clark were divorced in Michigan on December 15. Moore was ordered to pay child support in the amount of $151 per week for his then five and three year old children. Said minor children shall remain the irrevocable beneficiaries to such payment for so long as they are eligible to receive support from Plaintiff [Moore.] </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-4080.wpd">OPINION/ORDER</A><BR> The case is therefore ordered submitted without oral argument. Appeals the district court's order dismissing his complaint alleging that his civil rights were violated during the course of his Utah state divorce proceedings.(1) Mr. Kanth's complaint (1) This order and judgment is not binding precedent. The Rooker Feldman doctrine is a (2) He also named. (2) all of the Utah state defendants in their official capacities were immune from suit under the Eleventh Amendment to the United States Constitution. (3) all of the judicial defendants were absolutely immune from suit because all of Mr. Kanth contends that he is not seeking appellate review of the state court rulings. Kanth seeks is a reversal of the Utah state courts' rulings against him and an award of custodial and visitation rights to his children. Any federal claims are inextricably intertwined with those orders. Kanth further argues the Rooker Feldman doctrine is inapplicable because. The Utah courts lacked any jurisdiction over the divorce and custody proceedings since the Utah divorce decree was entered before the United States Supreme Court ruled on his International Child Abduction Remedies Act (ICARA) petition alleging that his children were wrongfully removed from Australia to the United States. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="498"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/03/09/022857P.pdf">OPINION/ORDER</A><BR> Donna met Richard Jones shortly after the relationship with Todd ended and was married to him in 1981. Donna and Richard have four children and settled in Sioux Falls. Donna believed she and Richard were no longer close. Donna confided to friends she was dissatisfied with her job and marriage. Who was naked. Having discovered Donna was married. It was against this backdrop that Donna and Todd met again and rekindled their previous relationship.2 On September 23. Todd's father suffered a heart attack and was taken to Sioux Valley hospital. Donna mentioned she was having a birthday the next day. Todd presented her with a birthday card and informed the waiter it was Donna's birthday. She complained she was not getting as much sex from her husband as she wanted. Todd put his hand The only contact between Donna and Todd between 1978 and 1998 was a telephone call Donna made to Todd in 1996 soliciting him to buy vitamins she was selling. 3 2 on her knee. There was conflicting evidence at trial as to who placed the first call. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//aug2001/99-14867.man.html">UNITED STATES V. SINGLETON (8/8/2001, NO. 99-14867)<BR></A><BR> District Judge.</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/98/01/971110P.pdf">OPINION/ORDER</A><BR> Contending that there was insufficient evidence to support a jury verdict for the United States. I. Jennifer Meisner was married to Randall Meisner from 1963 to 1981. Paragraph nine of the PSA provides: [Jennifer] shall have as her separate property and the title to the same shall be quieted in her the following items: .... c. That Jennifer's rights to an undivided forty percent interest in the royalty contract was not subject to any reversionary or contingent interests. Claiming that the royalties were properly taxable to her ex husband rather than to her. A jury trial was held regarding her claims for 1987. Where such payment is not practicable. It is understood by the parties that such payments will be made at such times and intervals as provided in the various contracts now existing with such paying companies. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=94-1836.01A">OPINION/ORDER</A><BR> Procter & Hoar were on brief for appellee. At the time Regina was employed as a flight attendant. Had been separated for four months and were living apart. It is not known whether Regina is alive or dead. Later in the same year the Browns were divorced in a Connecticut state court. The state court trial was prolonged and a detailed opinion was written by the trial judge pertaining to custody and support. Found that Willis believed deeply but without basis that his wife was unfaithful to him. The trial was widely reported in the press. This was due partly to further litigation and the continuing police investigation. Fragments of her bone were found in a nearby river. Her pilot husband was convicted in the so called woodchipper murder. It was prepared by Mary Richardson. The broadcast opens with the leitmotif </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/05-3207.pdf">OPINION/ORDER</A><BR> This disposition is not citable as precedent. It is a public record. Jr. were married on November 12. The Stipulation of Settlement at paragraph 14 contains a brief section captioned </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05b0001p-06.pdf">OPINION/ORDER</A><BR> This case is before us on the appeal of William Van Aken ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/Sept2002/013751u.pdf">OPINION/ORDER</A><BR> Winters was married to the late Ron Patel until early 1999. During their marriage Patel was an editor for The Philadelphia Inquirer. Was a participant in a 401(k) plan sponsored by Knight Ridder. While the two were married. Winters was the beneficiary of Patel's 401(k) account. Patel told Winters that he was having an affair with Mary Frangipanni and that he wanted a divorce. Winters was represented throughout the invasion of privacy litigation by the firm of Sprague & Sprague. Winters was represented by Gary Borger in these proceedings. In relevant part: It is further agreed and ordered as follows: 1. Winters under this stipulation of settlement are paid in full. (1)$100. Winters is paid in full. 3. Ronald Patel hereby waives any claim which he may have to seek consolidation of the Pennsylvania litigation with this matter or to assert the defense of the New Jersey Entire Controversy Doctrine in this action. Over thirteen months after the Consent Decree was entered. All claim set forth or which could have been set forth arising from or with respect to ... </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=06-2034_018.pdf">OPINION/ORDER</A><BR> While the garnishment proceedings were pending. She argued that her interest in the marital assets was a matter for the state court. I. Background In November 2004 Frank Kollintzas was convicted by a jury of converting money from the City of East Chicago. Sentencing was scheduled for February 24. Where Kollintzas's property is located. Served interrogatories on third party account holders ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/03/03-2228.PDF">OPINION/ORDER</A><BR> He was holding her with his left arm across her chest and right arm across her neck. Three issues have been certified for appeal to this court: 1) whether Martin was denied his Sixth Amendment right to effective assistance of appellate counsel. 2) whether the above stated claims three through seven were procedurally defaulted. 3) whether Martin's claim regarding the denial of a continuance is non cognizable. Habeas relief is available only if the petitioner demonstrates that the state court's adjudication of his federal constitutional claims </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/06-3130.pdf">OPINION/ORDER</A><BR> This disposition is not citable as precedent. It is a public record. Jarrell seeks review of the final order of the Merit Systems Protection Board (Board) finding that the Office of Personnel Management (OPM) was in compliance with an earlier Board order to recalculate his ex wife's share of his retirement annuity. Montague were divorced on May 10. An administrative judge (AJ) found that OPM was in compliance. OPM was ordered to calculate what Mr. Jarrell's </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/064010np.pdf">OPINION/ORDER</A><BR> While he was named as a defendant in Catanzaro's federal civil rights action filed in 2001. All of whom are judges. Is barred by the doctrine of judicial immunity because the Complaint alleged acts performed by the judges within the scope of their judicial duties. Claiming that the court wrongly denied his recusal motion and arguing that the court's initial allowance of fifteen days to file an amended complaint was unreasonable given Cantanzaro's age and health 3 status and the fact that he had to travel long distances to conduct legal research. Ruling that Catanzaro was not entitled to relief under any of the Rule's six subsections. We have jurisdiction pursuant to 28 U.S.C. § 1291. We will summarily affirm. A complaint need only contain </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/10circuit/sept96/96-3007.wpd.html">UNITED STATES V. HAMPSHIRE<BR></A><BR> He was sentenced to two years' probation and ordered to pay $38. (2) the state court order upon which his federal conviction is predicated violates his rights under both the Fourteenth Amendment Due Process Clause and the Soldiers' and Sailors' Civil Relief Act ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0415n-06.pdf">OPINION/ORDER</A><BR> Held that Gilmore's claims were time barred under the applicable statutes of limitations. Davis (No. 05 5176) judgment in this case was improper because the evidence regarding when Gilmore's cause of action accrued under Tennessee's discovery rule presents a genuine issue of material fact. Gilmore and Davis were married in 1969. Their marriage was troubled by Davis's use of drugs. Davis was and is. Three have been performed over one million times. Gallico was a force in the publishing industry. THE MOST BEAUTIFUL GIRL was subsequently recorded by Charlie Rich. The song was also recorded by many other artists. 2 Gilmore v. Gallico and Davis were both served notice of Gilmore's counterclaim. She felt that it was a song written by Davis. Ostensibly to inquire whether Davis was the writer of THE MOST BEAUTIFUL GIRL. Davis was summoned to the AGMC offices on the same day. Davis couldn't imagine what his wife's divorce attorney was doing there. Then Davis was called in to Gallico's office. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="475"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/aug2001/99-14867.man.html">UNITED STATES V. SINGLETON (8/8/2001, NO. 99-14867)<BR></A><BR> District Judge.</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/8A98DADBE23347A388256F0E00819979/$file/0210287.pdf?openelement">OPINION/ORDER</A><BR> As the error went to the heart of Boulware's defense and was not harmless beyond a reasonable doubt. Boulware is entitled to a new trial on the nine tax counts. Boulware was indicted on four counts of filing false tax returns for the 1989 1992 tax years. The company was renamed Hawaiian Isles Enterprises ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0067n-06.pdf">OPINION/ORDER</A><BR> This is a diversity action for negligence. The defendants are The Johnston Group First Advisors. Devonshire's complete investment portfolio was put in her name on December 15. Johnston sought to </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/sept96/94-8733.man.html">UNITED STATES V. TOKARS<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>United States v. Mason was charged in Counts I. The trial was moved to Birmingham. Tokars was sentenced to concurrent life sentences on Counts I. Tokars was sentenced to 97 months' incarceration on each count to be served concurrently with each other and concurrently with the life sentences. Mason was sentenced to 200 months' incarceration on each count to be served concurrently. The case is best explained when divided into two sections: the narcotics money laundering enterprise and the murder of Sara Tokars ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/5B409D97772F677488257075004E70F3/$file/0371600.pdf?openelement">OPINION/ORDER</A><BR> Gonzales is substituted for his predecessor. Did not have a well founded fear of future persecution. The IJ denied Smolniakova's request to review the termination of her conditional resident status on the ground that Smolniakova had not met her </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="ftp://opinions.ca5.uscourts.gov/unpub/02/02-60301.0.wpd.pdf">OPINION/ORDER</A><BR> The Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. Will. Which provided in part that each party </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/972705.P.pdf">OPINION/ORDER</A><BR> Chief Judge: Pamela Kelly Fox brought suit to recover funds in her exhusband's profit sharing and retirement plans that were awarded to her in Maryland divorce proceedings. I. This case is the culmination of a decade of post divorce proceedings involving Mr. and Ms. The Foxes were married in 1974 and were granted a divorce in 1989 in Maryland. He also was a beneficiary of those plans. Because the plans were governed by ERISA. Such a qualified DRO is known as a QDRO. Which was signed by a Maryland circuit court in 1989 (1989 DRO). While the case was on appeal. Fox was permitted to choose from the plans' four payment options: lumpsum. Fox elected a lump sum and was paid in May 1990. Fox was entitled to an additional $17. The parties drafted a DRO that was virtually identical to the 1989 DRO and submitted it to the circuit court. Fox removed the case to federal court and filed a counterclaim seeking a 3 declaratory judgment that his refusal to qualify the 1991 DRO was a permissible exercise of his discretion under ERISA. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=02-1384.01A">OPINION/ORDER</A><BR> P.C.</SPAN> was on brief for appellant.</SPAN> <BR WP= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1999/04/98-5000.htm">98-5000 -- STEWART V. U.S. TRUSTEE -- 04/22/1999<BR></A><BR> 707(b) is constitutional. <em>In re Stewart</em>. 707(b) is not void for vagueness and does not violate the equal protection guarantees of the Fourteenth and Fifth Amendments of the United States Constitution. The monetary consequences of his entering a fellowship are appreciable. Perinatology graduate would have ranged from $100. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/01/01-3928.PDF">OPINION/ORDER</A><BR> Facts No. 01 3928 Patrice and Jean Bouvagnet were married in New York City in 1988. Were born in 1995. Until she could earn enough seniority and good will to secure a transfer to Paris. Bouvagnet's application for French citizenship was based on her marriage to Patrice Bouvagnet. Bouvagnet's application for French citizenship was dismissed after she failed to appear for a mandatory meeting with French authorities. Bouvagnet was served with the divorce petition in March 2000 while visiting his children. Trial was set for June 2001. The Illinois proceedings are still pending. The district court took the view that it was required to abstain because three conditions existed: first. State proceedings that were judicial in nature were pending. Bouvagnet the opportunity to present 1 A French court dismissed the case because the Illinois proceedings were ongoing. The dismissal was overturned in October 2001 and the action recently reinstated. Having determined that it was required to abstain under Younger. All of the states and the federal government have enacted legislation to address the problem of child abduction a parent's taking a child from a jurisdiction that has awarded custody rights to the other parent in the hope that a court in another jurisdiction will be more sympa No. 01 3928 5 thetic to the abducting parent's plea for custody. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=01-2454.01A">OPINION/ORDER</A><BR> P.L.L.C.</SPAN> were on brief for appellant.</SPAN> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/01/06/002908P.pdf">OPINION/ORDER</A><BR> I. Martin was a resident engineer at DaimlerChrysler's Assembly Plant in Fenton. Martin received poor performance reviews for two consecutive years and was terminated by DaimlerChrysler in June 1998. DaimlerChrysler's stated reasons for terminating Martin were poor performance and attendance. Pain and suffering or any alleged damages and injuries [she] claim[ed] in [her] Complaint to have suffered. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/04-3453.pdf">OPINION/ORDER</A><BR> This disposition is not citable as precedent. It is a public record. Was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/02/03/016072P.pdf">OPINION/ORDER</A><BR> Nelson was awarded an interest in his former spouse's ERISA qualified retirement plan in the amount of approximately $71. Nelson filed for Chapter 7 bankruptcy relief and asserted that the interest was either not property of his bankruptcy estate. That it was exempt under either 11 U.S.C. § 522(d)(5) or 11 U.S.C. § 522(d)(10)(E). The bankruptcy court ruled that the interest was property of the bankruptcy estate and was not exempt except in the amount of $4. Which was the remaining sum available under the wildcard exemption set forth in 11 U.S.C. § 522(d)(5). Nelson appeals only from the bankruptcy court's ruling that his interest in the ERISA qualified retirement plan was property of the bankruptcy estate. Nelson was divorced from Denise Nelson in September of 2000. Which was the entire marital value of this asset.1 There is no dispute that this retirement plan is a qualified plan under the Employee Retirement Income Security Act of 1974 ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=94-1213.01A">OPINION/ORDER</A><BR> The references herein are to the guidelines in effect on January 12. Parker contended that his failure to inform the probation officer about his other Kansas arrests was not willful. At the time of the incident he was still married and was a co owner of the home. It was and is Mr. Parker's memory and understanding that the whole matter was handled informally and was connected to his divorce. The defense attorney stated that it was unclear from the record whether Parker actually served time for these convictions. 3 decree Mr. Parker was ordered to pay her restitution. Parker went to the courthouse next door and pled guilty to what he believed was a misdemeanor for damaging his wife's property. It was his understanding that he could be charged with a more serious crime and/or sentenced to imprisonment if he failed to pay restitution. Parker's) understanding that it was an informal incident related to his divorce. Noted that the records received from Kansas contained nothing to indicate that the defendant's criminal charges were handled informally. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/06-3092.pdf">OPINION/ORDER</A><BR> With her on the brief were Peter D. Nixon and his then wife Judy Nixon were divorced. His monthly annuity was reduced because of the provision of survivor benefits to his former spouse. Nixon that: </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/05/12/044032P.pdf">OPINION/ORDER</A><BR> Tanner's courtappointed guardian ad litem who were involved in Dornheim's state court custody dispute with her ex husband. Was involved in a bitter divorce and custody dispute with her ex husband. Which was forwarded to Kate Kenna. Was involved in the investigation of the second allegation of abuse which was based on a report made by a doctor at the urgent care clinic Dornheim took Tanner to when Tanner returned from his father's house with facial bruising. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//sept96/94-8733.man.html">UNITED STATES V. TOKARS<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>United States v. Mason was charged in Counts I. The trial was moved to Birmingham. Tokars was sentenced to concurrent life sentences on Counts I. Tokars was sentenced to 97 months' incarceration on each count to be served concurrently with each other and concurrently with the life sentences. Mason was sentenced to 200 months' incarceration on each count to be served concurrently. The case is best explained when divided into two sections: the narcotics money laundering enterprise and the murder of Sara Tokars ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/04-3245.pdf">OPINION/ORDER</A><BR> This disposition Is not citable as precedent. It is a public record. Mouat's former spouse was entitled to twenty eight percent of his monthly civil service retirement benefits. Mouat is entitled. A final dissolution of marriage (Decree) was entered in the District Court. MOUAT is a participant in a retirement program from The National Archives. The Court further finds that the community interest in the monthly retirement benefit is 50%. IT IS ORDERED AND DECREED that JO ANN MOUAT shall have judgment and recover of and from JAMES W. As and when the retirement is received by JAMES W. IT IS FURTHER ORDERED AND DECREED that JAMES W. MOUAT is designated a constructive trustee for receiving his retirement. Petitioner is ORDERED AND DECREED to directly pay the benefit defined above to Respondent within three days after receipt by Petitioner. Mouat of its intention to withhold twenty eight percent of his retirement benefit based on the following calculation: 04 3245 2 By court order your former spouse's marital share of your retirement benefit is 50% of 247 months of service during the marriage divided by 441 months of Federal service or 28.00% of retirement benefit. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=99-2028.01A">OPINION/ORDER</A><BR> Mandl LLP</SPAN> was on brief for appellant.</SPAN> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/97opinions/97-3307.html">SNYDER V. OPM<BR></A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/12/00-9000.htm">00-9000 -- SCHUTTER V. COMMISSIONER OF INTERNAL REVENUE -- 12/19/2000<BR></A><BR> Senior District Judge.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="449"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/02/01/011220P.pdf">OPINION/ORDER</A><BR> (2) the burglary and aggravated sexual abuse were atypical because they occurred in Petersen's own home with his wife and involved minimal force. Not the back door which was four to five feet off the ground with no steps. The Petersens' four year old son was sleeping with Calley. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/03/08/022496P.pdf">OPINION/ORDER</A><BR> Circuit Judges Murphy and McMillian were not present at oral arguments and participated in this decision utilizing the parties' briefs and a tape recording of the oral arguments. Because we find that the children's habitual residence was Israel at the time of their removal and that there is no grave risk of harm to the children if they are returned to Israel. Until their move to Israel in late July of 1999.3 Both Robert and Julie testified in the district court that the move to Israel was Julie's idea and that she was the one pushing for the family to make the move. Julie stated in the district court that she was torn about the move. Went ahead with it as a final effort to reconcile the couple's failing marriage.5 2 3 Sam was born on March 2. Jacob was born on July 5. Julie testified that she was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/972151.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. Bishop ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/982128.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. I. South Carolina residents Cally Forrest and Vickie Corder were married from 1974 until their divorce in 1993. He was enrolled in the pharmacy's profit sharing plan. Which was governed by the Employee Retirement Income Security Act (ERISA). The state family court granted Corder a judgment of divorce. 2 The final order in the divorce case provided that Forrest was to pay Corder $30. The order also provided that Forrest was to receive </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/july98/97-2531.man.html">RASH V. RASH (7/27/1998, NO. 97-2531)<BR></A><BR> Alleging that a Florida judgment dissolving his marriage is valid. The property settlement ordered in the New Jersey decree is more favorable to the wife than that provided in the Florida decree.</P> <P> The wife moved to dismiss. Did not have subject matter jurisdiction because the federal courts usually decline review of domestic relations cases over which the state courts traditionally have jurisdiction. Following is the relevant sequence of events:</P> <P> 2/25/94: The husband sued for divorce in state court in Florida.</P> <P> 3/14/94: The wife was served with process in New Jersey.</P> <P> 3/21/94: The wife sued for divorce in state court in New Jersey.</P> <P> 3/22/94: The wife filed in the New Jersey court an emergency application asking that the husband be restrained from proceeding in the Florida divorce action. The wife filed a response alleging that the parties' residence was New Jersey and denying Florida residence.</P> <P> The same day. Counsel for both parties were present and participated.</P> <P> 3/31/94: The New Jersey court found that the husband was subject to the <EM>in personam</EM> jurisdiction of the New Jersey court. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/4DF1F5195513ED3A88256CDE00819F03/$file/0255883.pdf?openelement">OPINION/ORDER</A><BR> Many of which were never presented to the district court. All are without merit and we affirm. The background of this case is long and colorful. Various facial cosmetic surgeries were documented and billed as procedures to correct deviated septums. Breast implants were billed as biopsies. The fraud was aided by patient recruiters who sought patients. From all over the country and were paid a fee per patient. Haya's now ex husband Ezeckiel Zilka was a surgeon at several of the clinics during the time these fraudulent acts occurred. Alleging that she was involved in the fraud scheme as a patient recruiter. Plaintiffs submitted declarations from two insiders who testified that Haya was a patient recruiter. Asserted that the checks by themselves did not prove she was a recruiter. She also argued that the insider declarations were inadmissible because they were not based on first hand knowledge.1 Judge Letts granted plaintiffs' motion to amend their complaint. The declarations were admissible they specifically describe acquiring knowledge of Haya's recruiting from Haya herself. 2 In the recusal order. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/12/01-6359.htm">01-6359 -- LOWTHER V. LOWTHER -- 12/31/2002<BR></A><BR> Circuit Judge. <p align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/03/03/022045P.pdf">OPINION/ORDER</A><BR> While the retirement plan was determining whether the DRO qualified as a QDRO. Ronald claimed in the bankruptcy proceeding that his pending distribution from the retirement plan should be excluded from his bankruptcy estate pursuant to 11 U.S.C. § 541(c)(2)1 because it was subject to ERISA's anti alienation provision. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/053966np.pdf">OPINION/ORDER</A><BR> He is now serving a 10 year mandatory minimum sentence. Only if Kajtazi is an alien. Kajtazi is not yet in removal proceedings. When his father was naturalized. When Kajtazi was five years old. His parents allegedly were divorced by the Municipal Court of Prizren in Kosovo. When Kajtazi was seventeen years old. Its functions were transferred to the newly formed Department of Homeland Security. The former INS was divided into three separate agencies: United States Immigration and Customs Enforcement. United States Citizenship and Immigration Services. 2 1 citizenship by satisfying former 8 U.S.C. § 1432(a)(3) when his father was naturalized.2 The court found that he would have automatically acquired citizenship under the statute if the following conditions were met: (1) naturalization of the parent. (4) naturalization of the parent takes place while the child is under age 18. Kajtazi's parents were married. That the divorce decree submitted in support of the citizenship application was not authentic. Office in Pristina informed the District Adjudications Officer for the INS that the authenticity of the documentation was questionable. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/051890np.pdf">OPINION/ORDER</A><BR> We will affirm the orders of the District Court. The facts relevant to this appeal are as follows. The parties were married in 1981 and had a child in 1982. They were separated in 1992. Divorce proceedings were commenced in the Circuit Court of Greene County. Both parties appeared and were represented by counsel at the hearing. Which was adopted and issued as the final judgment on April 15. Which were bequeathed to Mr. Were non marital property belonging solely to Mr. The two parcels are located in Scranton at 2045 Edna Avenue and 1310 Amherst Avenue. The judgment was affirmed by the Missouri Court of Appeals on September 15. Whose judgment was entitled to full faith and credit. Kittle also appeals the District Court's denial of her motion to seal the record.1 We have jurisdiction under 28 U.S.C. § 1291 to review the District Court's grant of summary judgment. Viewing 3 1 Although her precise arguments are often difficult to discern from her brief. Kittle because the Missouri state court did not have jurisdiction to determine title to real property located in Pennsylvania. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/06-3045.pdf">OPINION/ORDER</A><BR> This disposition is not citable as precedent. It is a public record. In which the Board rejected her claim that she was entitled to benefits under the Civil Service Retirement System ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/9_opinions/89-0005d.html">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=00-1543.01A">OPINION/ORDER</A><BR> Arnold LLP</U> were on brief for Appellant/Cross Appellee.</FONT> <P><FONT FACE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Jan2001/987307.txt">OPINION/ORDER</A><BR> The primary issue for decision is whether we should overrule the holding of Gibbs v. The prisoner has br ought a federal action or appeal that was dismissed on the gr ounds that it was frivolous. Unless the prisoner </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/04/06/031900P.pdf">OPINION/ORDER</A><BR> Rodney Clay Evans was convicted of first degree murder in Missouri and was sentenced to life in prison for killing his estranged wife. He filed this 28 U.S.C. § 2254 (2000) habeas corpus petition by which he sought to have his conviction vacated. Our review of these claims is governed by the Anti Terrorism and Effective Death Penalty Act of 1996. Pursuant to which we may not grant a writ of habeas corpus with respect to any issue decided by a state court unless the state court's decision </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-2060.01A">OPINION/ORDER</A><BR> Covell</SPAN> and <SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/AB8079642D905F1F8825719400713E14/$file/0357012.pdf?openelement">OPINION/ORDER</A><BR> We have jurisdiction pursuant to 28 U.S.C. § 1292. Who was thirteen years old at the time of the events in dispute. Although Hansen was the sole legal guardian. The custody order included a visitation schedule which governed in the event that Brittain and Hansen were unable to agree on one of their own. Two paragraphs of that order are central to this appeal: 11. The last week during each period the minor is off track from school. Or if minor is not in a yearround program. Mother is to notify Father prior to May 15 of each year of the three weeks during summer vacation she intends to have the minor. Mother shall have the minor the last full week of each of the months of June. Father shall have the right to a three or four week vacation each year in which he may remove the minor from the state of California and during which time the Mother's visitation shall be suspended. Father will give Mother a one month written notice of the dates he intends to take his vacation. Matthew went outside and told his father that he would not be going with him because it was Brittain's week for visitation. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/042256np.pdf">OPINION/ORDER</A><BR> We will affirm. The history of this litigation is well known to the parties and to this Court. The factual background is set forth in the District Court's opinion. Have been engaged in litigation since the year 2000. That the state court violated state law and the bankruptcy automatic stay in ruling that his New York City Police Department disability pension and Social Security disability benefits are considered as income for purposes of determining alimony and support obligations. The state court made specific awards to Jeanne Galtieri in the distribution of John Galtieri's previous appeals to this Court are found at C.A. That he was entitled to an exemption under 11 U.S.C. § 522(d)(1) (the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDA0LTIyNTdfc28ucGRm/04-2257_so.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2004/04/01-7132.htm">01-7132 -- U.S. V. BIGFORD -- 04/13/2004<BR></A><BR> Circuit Judge. <p> <strong></strong> Defendant was charged with violating the Deadbeat Parents Punishment Act ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=01-1203.01A">OPINION/ORDER</A><BR> P.C.</SPAN> and <SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=98-1806.01A">OPINION/ORDER</A><BR> She further alleged that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/04-3279.pdf">OPINION/ORDER</A><BR> This disposition is not citable as precedent. It is a public record. Was employed with the United States Department of the Interior. The divorce decree was amended in October 1985. Any death benefit payable shall be apportioned between [Timmers] and [Rausch's] named beneficiary of his estate in the same manner as pension benefits would otherwise have been paid had [Rausch] survived to retirement date of age 62 and began receiving said benefits. . . . [Timmers'] benefits are fixed as date of Decree at $ 711.00 per month based on present vested pension benefits. [Timmers'] entitlement to death benefits is also fixed as of date of the Decree. Which was made effective retroactively to September 1. A former spouse is entitled to a survivor annuity </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=98-2332.01A">OPINION/ORDER</A><BR> Palmer & Dodge LLP were on brief. The father's action was brought pursuant to the 1980 Hague Convention on the Civil Aspects of International Child Abduction ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//july98/97-2531.man.html">RASH V. RASH (7/27/1998, NO. 97-2531)<BR></A><BR> Alleging that a Florida judgment dissolving his marriage is valid. The property settlement ordered in the New Jersey decree is more favorable to the wife than that provided in the Florida decree.</P> <P> The wife moved to dismiss. Did not have subject matter jurisdiction because the federal courts usually decline review of domestic relations cases over which the state courts traditionally have jurisdiction. Following is the relevant sequence of events:</P> <P> 2/25/94: The husband sued for divorce in state court in Florida.</P> <P> 3/14/94: The wife was served with process in New Jersey.</P> <P> 3/21/94: The wife sued for divorce in state court in New Jersey.</P> <P> 3/22/94: The wife filed in the New Jersey court an emergency application asking that the husband be restrained from proceeding in the Florida divorce action. The wife filed a response alleging that the parties' residence was New Jersey and denying Florida residence.</P> <P> The same day. Counsel for both parties were present and participated.</P> <P> 3/31/94: The New Jersey court found that the husband was subject to the <EM>in personam</EM> jurisdiction of the New Jersey court. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/97/06/962808P.pdf">OPINION/ORDER</A><BR> (3) his rights under the ex post facto clause have been violated. (4) venue in the Eastern District of Missouri is improper. Crawford argues that the evidence at trial was insufficient to support his conviction. Background The underlying facts are not in dispute. Where they have resided ever since. Crawford was indicted in the Eastern District of Missouri on one count of violating the CSRA2 from October 31. 1996.3 A warrant was issued for his arrest. Crawford was arrested in Louisiana. His initial appearance was held in United States District Court for the Western District of Louisiana. That the CSRA is unconstitutional under the commerce clause and the Tenth Amendment. That his rights under the ex post facto clause were being 2 The CSRA provides in pertinent parts: Whoever willfully fails to pay a past due support obligation with respect to a child who resides in another State shall be punished as provided in subsection (b). .... As used in this section (1) the term </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=92-2369.01A">OPINION/ORDER</A><BR> Gonz lez & Rodr guez were on brief for appellant. Hernandez Rodri guez and Hernandez & Vidal were on brief for appellee. Betancourt was the president and sole shareholder of Electronica. Capo agreed to resign her positions with Electronica.1 1The bankruptcy court found that the Support Agreement was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/67F77ED13FE54E3A88256CE700821978/$file/0156319.pdf?openelement">OPINION/ORDER</A><BR> Dyer and Jeanie owned a house together when they were married ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19972531.MAN.pdf">OPINION/ORDER</A><BR> Alleging that a Florida judgment dissolving his marriage is valid. The property settlement ordered in the New Jersey decree is more favorable to the wife than that provided in the Florida decree. Did not have subject matter jurisdiction because the federal courts usually decline review of domestic relations cases over which the state courts traditionally have jurisdiction. Following is the relevant sequence of events: 2/25/94: The husband sued for divorce in state court in Florida. 3/14/94: The wife was served with process in New Jersey. 3/21/94: The wife sued for divorce in state court in New Jersey. 3/22/94: The wife filed in the New Jersey court an emergency application asking that the husband be restrained from proceeding in the Florida divorce action. The wife filed a response alleging that the parties' residence was New Jersey and denying Florida residence. Counsel for both parties were present and participated. 3/31/94: The New Jersey court found that the husband was subject to the in personam jurisdiction of the New Jersey court. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/055210np.pdf">OPINION/ORDER</A><BR> He disputed the manner in which the state court proceedings were conducted. In which sole custody of his son was awarded to his ex wife. Was based on the mistranscription of the relevant Family Court proceedings by G & L Transcription Services. A private contractor to whom the transcription was outsourced. Kwasnik also alleged that N.J.S.A. 9:2 4 is unconstitutional because it is applied in a manner that gives preferential treatment to women and. Both of which were denied. The Defendants contended that suit against them in their official capacities was barred by the Eleventh Amendment. Even if it was not barred. The Complaint failed to state a claim because the defendants in their official capacities were not </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/12/02-6075.htm">02-6075 -- LOWTHER V. LOWTHER -- 12/09/2002<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> Debtor appellant Paula Joann Lowther (Debtor) and her former husband. Were divorced in June 1999. The question presented by this appeal is whether. Lowther violated the bankruptcy court's order discharging Debtor's personal debts. <p> The bankruptcy court determined that Lowther had not violated the bankruptcy discharge order and denied Debtor's motion to have him cited for contempt. The interest Debtor received in this real property from the divorce decree was already encumbered by Lowther's lien from the outset. <em>See id.</em> <p> The divorce decree further provided that in the event Debtor was unable to obtain timely refinancing. Debtor was unable to refinance the residence. As well as his lien against the former marital residence. <p> Although the discharge order may have extinguished Debtor's personal liability for that debt. This is so even though it encumbered property that Debtor claimed as exempt. <em> See Owen v. The lienholder is not required to file a proof of claim or otherwise participate in the bankruptcy in order to protect his lien. <em>See</em> <em>Dewsnup</em>. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/032055p.pdf">OPINION/ORDER</A><BR> No. 01 cv 01732) District Judge: Honorable Yvette Kane Converted to a Petition for Review from the Board of Immigration Appeals Pursuant to the Real ID Act of 2005 (A 24 003 878) Because we have converted the present case into a petition for direct review. We are required to substitute the Attorney General for the current respondent (Bureau of Immigration and Customs Enforcement). 8 U.S.C. § 1252(b)(3)(A). * Argued May 9. Sitting by designation. 2 ** Appellee Mark Anthony Herbert Jordon filed a petition for writ of habeas corpus under 28 U.S.C. § 2241 in the United States District Court for the Middle District of Pennsylvania challenging a final order to remove him on grounds that he is a non removable. We will vacate the District Court's decision. I. Facts and Procedural History Jordon was born in London. Were married at the time of his birth. When Jordon was fourteen years old. Jordon was convicted in the Supreme Court of New York. An immigration judge found that he was deportable under 8 U.S.C. § 1231(a)(2)(C) and entered an order of deportation in absentia on August 16. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/04/04/046001P.pdf">OPINION/ORDER</A><BR> Was nondischargeable. Seven children were under the age of 18. Judge Kennon found that Gwendolyn was capable of earning net income of approximately $1. 654.60 per month and that Jerry was capable of earning net income of approximately $1. Judge Kennon found that Gwendolyn was entitled to lump sum alimony. That Jerry did not have the ability to pay it. Jerry claims the award of lump sum alimony is not in the nature of support. Was in fact part of the parties' The Honorable Richard D. Found that the debt was nondischargeable. Giving due regard to the opportunity of the bankruptcy court to judge the credibility of the witnesses.2 We review the legal conclusions of the bankruptcy court de novo.3 A bankruptcy court's finding that an award in a dissolution proceeding is in the nature of alimony is a factual finding that we will not disturb unless such finding is clearly erroneous.4 Gourley v. 595 (2nd Cir. 2002) (holding that the reviewing court applies the clearly erroneous standard when an appellant appeals the trial court's determination that a debt is in the nature of support under 11 U.S.C. § 523(a)(5). 4 3 DISCUSSION This adversary proceeding is a bit unusual for two reasons. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/01/05/002173P.pdf">OPINION/ORDER</A><BR> Jurisdiction is invoked pursuant to 29 U.S.C. § 1144(a). Facts A decree of dissolution was entered in 1988 between Harold and Deborah Gander. In 1992 the agreement was modified. Said sums are to be used for the equal benefit of the children. For how any and all such sums are expended. Harold Gander was an employee of Barnes Jewish Christian Center. ITT Hartford was the policyholder for Barnes Jewish Christian Center. Hartford Life and Accident Insurance Co. defines a viatical agreement as follows: </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=02-2291.01A">OPINION/ORDER</A><BR> LLP</SPAN> were on brief for petitioner.</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/April2004/033111np.pdf">OPINION/ORDER</A><BR> Liebowitz & Stern ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/05-3347.pdf">OPINION/ORDER</A><BR> With him on the brief were Peter D. Of counsel on the brief was Wade Plunkett. The Court Order was submitted to OPM which notified Snyder that the order was suitable for processing and would provide her with (1) an apportionment benefit payable on Ruff's retirement. Ruff was an employee of both federal and state governments during the entire marriage. Although OPM had previously notified Snyder that the Court Order was sufficient to provide her with a survivor annuity. The Board's administrative judge found that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0020p-06.pdf">OPINION/ORDER</A><BR> Violate the Due Process Clause of the Fourteenth Amendment and were contrary to the Immigration and Nationality Act ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-2071.wpd">OPINION/ORDER</A><BR> Teague claims that the district court erred by (1) requiring as a special condition of supervised release that he have no contact with the court except through counsel and (2) instructing the jury incorrectly on the elements of the offense. We have jurisdiction under 18 U.S.C. 3742 and 28 U.S.C. 1291. Such as requesting that he receive either full custody and control of his daughter or no parental rights at all (so that he would not have to pay child support). Emma was also the name of Mr. Locatelli testified that it was this e mail that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/08/99-4127a.htm">99-4127A -- JOHNSON V. RODRIGUES (OROZCO) -- 08/28/2000<BR></A><BR> Where the word </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/july96/94-6808.opa.html">SIMMONS V. CONGER<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Simmons v. Circuit Judge:<p> <p> This is an appeal by a former circuit court judge in Alabama from the issuance of a permanent injunction against him. Absent a prior judicial determination that their public interest in a particular trial is outweighed by a specifically identified compelling state interest. Was organized as a nonprofit organization under Alabama law and was incorporated in June of 1990. Simmons is one of the founders of CCCFC. Was an Alabama Circuit Court Judge in the Sixth Judicial District in Tuscaloosa County until January 1995. At which time his term of office ended.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0417p-06.pdf">OPINION/ORDER</A><BR> The bankruptcy court finds that the debtor's request for conversion was made in bad faith or represents an attempt to abuse the bankruptcy process. A number of bankruptcy courts have held that the right to convert from Chapter 7 to Chapter 13 contains an exception for motions filed in bad faith. A number of bankruptcy courts have held that the right is absolute. Ohio 2002) ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/991.P.pdf">OPINION/ORDER</A><BR> This action was taken in an unpublished order entered 4/28/00. Chief Judge: Michael Wayne Williams was sentenced to death for the murders of Morris Keller. They'd have a couple thousand dollars. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/3200203F0C7FC3AF88256FCB007A8815/$file/0273556.pdf?openelement">OPINION/ORDER</A><BR> Gonzales is substituted for his predecessor. GONZALES 3469 1632.1 We conclude that Minasyan is a derivative citizen of the United States pursuant to that provision. Is thus not subject to removal as a felon convicted of an aggravated offense. First entered the United States with his family when he was eight. He obtained lawful permanent resident status when he was ten. When he was fourteen. Minasyan was arrested on charges of first degree burglary and Under former INA § 321(a). Or (2) The naturalization of the surviving parent if one of the parents is deceased. Or (3) The naturalization of the parent having legal custody of the child when there has been a legal separation of the parents or the naturalization of the mother if the child was born out of wedlock and the paternity of the child has not been established by legitimation. If (4) Such naturalization takes place while such child is unmarried and under the age of eighteen years. (5) Such child is residing in the United States pursuant to a lawful admission for permanent residence at the time of the naturalization of the parent last naturalized under clause (1) of this subsection. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/CFC05CC73FD5AC0B88256B6D005FDCC3/$file/0035732.pdf?openelement">OPINION/ORDER</A><BR> Circuit Judge: Idaho state prisoner William Gray was convicted of killing his wife. Because we find that the Idaho trial court's ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/021788np.pdf">OPINION/ORDER</A><BR> Based on a determination that the debt owed to Walker by the Debtors was non dischargeable in bankruptcy. We will affirm the District Court's decision for the reasons stated below. The guardian ad litem.1 The total guardian ad litem fee was $20. Of which the Debtors were ordered to pay $16. 000 and the natural parents were 2 1 On March 13. Arguing that the guardian ad litem fee owed by the Debtors was not dischargeable in bankruptcy. Ruling that the guardian ad litem fee was non dischargeable under 11 U.S.C. § 523(a)(5). While the Debtors' appeal to this Court was pending. We have jurisdiction over this appeal under 28 U.S.C. § 158(d). Whether the guardian ad litem fee is dischargeable under § 523(a)(5) is a question of federal law. Discussion The sole issue here is whether a guardian ad litem fee in a contested adoption proceeding is non dischargeable in bankruptcy under § 523(a)(5) of the Bankruptcy Code. We conclude that the guardian ad litem fee at issue here is non dischargeable under § 523(a)(5). Although the guardian ad litem services were rendered before the Debtors became Ashley's adoptive parents (though while they had court ordered custody of her). </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/991467.P.pdf">OPINION/ORDER</A><BR> Finding that she was not protected by either absolute or qualified immunity. Because Keller Burnside's actions were prosecutorial functions </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2003/11/03-1141.htm">03-1141 -- JACKSON V. PETERS -- 11/12/2003<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> Mr. On which the 1994 state court child support orders were based. Was invalid because Mr. Jackson claimed that the birth certificates of the two additional children that they had in 1989 and 1995 indicated that he and his wife were married at the time of the births. Jackson stated that he was never notified of the resulting 1994 child support order. Jackson indicated that he was continuing to pursue some of his claims in state court and that his primary concern in federal court was the alleged illegal garnishment. His employer's personnel department was unable to correct the illegal garnishment because it had already paid him the reimbursement. The Treasury Department was unable to correct it because that department was acting under the state child support enforcement office's order. <p> In his recommendation. Jackson's suit in federal court was barred for the following reasons: under the <u>Rooker</u> <u>Feldman</u><a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/02/02-1470.PDF">OPINION/ORDER</A><BR> Although the details of the marriage are neither known to us nor relevant to our case. After the motion was granted in July. That the trial court's orders were void because the method of service of process violated his due process rights. His attorneys to show cause why they did not deserve to have Rule 11 sanctions imposed on them. The doctrine is a recognition of the principle that the inferior federal courts generally do not have the power to exercise appellate review over state court decisions. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/07/02/061947P.pdf">N:\DOCS\E-DOS\2-5\06-1947 DUNMIRE V. MORGAN STANLEY DW, OPN 1.31.WPD<BR></A><BR> Dunmire's account was an individual account. Dunmire signed documents indicating that the address to be used for purposes of communicating about his account was 905 E. The divorce proceedings were acrimonious and were protracted by the parties' legal maneuverings. Matt Hoffman attempted to contact Dunmire by telephone but was unsuccessful. The complaint set forth Dunmire's claim that Morgan Stanley was responsible for the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/01/10/003431P.pdf">OPINION/ORDER</A><BR> Davis was awarded a $52. 000 judgment secured by an equitable lien on any interest Marlar might have in the farmland. Concluding that there was no evidence Marlar transferred the property with actual intent to defraud creditors. Concluding that the date the deed was recorded by Bradley was the effective date of the transfer as to unsecured creditors who lacked prior notice. That the transfer was made without adequate consideration and rendered Marlar insolvent. That summary judgment was inappropriate because there are disputed issues of material We reject the trustee's contention that Marlar has no standing to appeal. Which provides that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/199810/97-7181a.txt">OPINION/ORDER</A><BR> Rogers argued the cause for appellee The Inter American Development Bank.* On the brief were Alexander E. Is not immune from garnishment proceedings under that Act. Concluding that the employer was entitled to immunity under the Act. Appellant was awarded alimony of $1. Kestell was named as a defendant in appellant's complaint in the district court. Appellant was the largest unsecured him all of his assets except one: the future wages that would be owed to him by his employer. Were Kestell's employer a run of the mine private firm located in the District of Columbia. The Bank is not a run of the mine firm. It is an institution that has been designated by executive order for protection as an interna tional organization under the International Organizations Im munities Act (IOIA). The IOIA entitles designated entities to </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/199811/97-7181b.txt">OPINION/ORDER</A><BR> Rogers argued the cause for appellee The Inter American Development Bank.* On the brief were Alexander E. Is not immune from garnishment proceedings under that Act. Concluding that the employer was entitled to immunity under the Act. Appellant was awarded alimony of $1. Kestell was named as a defendant in appellant's complaint in the district court. Appellant was the largest unsecured him all of his assets except one: the future wages that would be owed to him by his employer. Were Kestell's employer a run of the mine private firm located in the District of Columbia. The Bank is not a run of the mine firm. It is an institution that has been designated by executive order for protection as an interna tional organization under the International Organizations Im munities Act (IOIA). The IOIA entitles designated entities to </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/199910/98-1369a.txt">OPINION/ORDER</A><BR> Dobbs argued the cause and was on the brief for petitioner New Valley Corporation. Woodall argued the cause and was on the brief for respondent Doretha Gilliam. The LHWCA was made applicable to the District of Columbia by the 1928 District of Columbia Workers' Compensation Act. Holding that legal marriage alone is insufficient to confer eligibility for survivor benefits. Courts must examine the facts of the relationship to determine if there </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/962257.P.pdf">OPINION/ORDER</A><BR> I. Petitioner Okechukwu Onyeme is a 38 year old male native and citizen of Nigeria. Onyeme obtained a visitor's visa to the United States by fraudulently representing that he was married to a Nigerian woman and had a child. Faced with the fact that he had gained entry into the United States by representing that he was married to a Nigerian citizen. Onyeme's application for permanent residence was approved. The INS discovered that the document was fraudulent and consequently notified Onyeme that it intended to rescind his permanent resident status pursuant to § 246(a) of the INA. [Onyeme] testified before an officer of [the INS] stating that [his] first marriage was legally terminated. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//dec98/97-4336.man.html">UNITED STATES V. BRAND (12/31/1998, NO. 97-4336)<BR></A><BR> Appellant Abraham Brand was found guilty of willfully failing to pay a past due support obligation. Arguing that his failure to pay was not willful. That the state court order that formed the basis of his support obligation under the Act is invalid. That he is unable to pay. Three children were born to this union: a girl in 1980. Brand was a successful entrepreneur. Neither Brand nor his lawyer were present at the final hearing. Which was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=01-1231.01A">OPINION/ORDER</A><BR> Were on brief. Was awarded custody of their three minor children. Lewko was ordered to pay all household expenses. The child support order was amended to $65 per week. Although the August 1997 finding was purged after Lewko made a lump sum payment. Lewko was incarcerated twelve days for contempt and ordered to pay $2. This payment was made by church members on his behalf. Lewko was ordered to appear for another contempt hearing for his ongoing failure to make support payments. Lewko reneged on this promise.</FONT></P> <P><FONT FACE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/09668C1B44425BF788256FE7007E373B/$file/0371896.pdf?openelement">OPINION/ORDER</A><BR> Gonzales is substituted for his predecessor. Circuit Judge: We must decide the applicability of the jurisdictional bar in 8 U.S.C. § 1252(a)(2)(B)(ii) to the Board of Immigration Appeals' ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/sept97/96-3099.opa.html">UNITED STATES V. WILLIAMS<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>United States v. BACKGROUND</i><p> <p> Appellant and his wife were married in May 1979. One son (Jason) was born in September 1980. Who was born in March 1988. Appellant had graduated from Vanderbilt Medical School and was board certified in anatomic pathology. He was employed as a pathologist at Space Coast Pathology and served as the Associate Medical Examiner for Brevard County.<p> Formal separation proceedings were commenced in State Court. He also threatened to quit his job and go live in a monastery in order to insure that none of his earnings were used to pay child support. On the same day the Income Deduction Order was issued. A final divorce decree was issued on June 12. He does not believe that he will be able to make the payments </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2004/04/03-2180.htm">03-2180 -- YOUNG V. OKLAHOMA -- 04/27/2004<BR></A><BR> This case is therefore submitted without oral argument. <p> Mr. Young was the defendant in a divorce proceeding in Oklahoma. The divorce decree was entered January 6. Young was found guilty of contempt and sentenced to sixty days in county jail. Was released from custody. Young's Oklahoma home was sold at a sheriff's sale. The sale was confirmed by an Order of Disbursement on April 5. The defendant must be </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/06-3235.pdf">OPINION/ORDER</A><BR> This disposition is not citable as precedent. It is a public record. Johnson was not entitled to survivor benefits. Changed the law and provides that a former spouse is entitled to a survivor annuity </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/C965842C2037898088256A72007C01A2/$file/9616799.pdf?openelement">OPINION/ORDER</A><BR> Seeking a writ of execution against the Plan for the amount in which Myers was in arrears on his child support payments under the 1981 judgment. This order </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/05-3104.pdf">OPINION/ORDER</A><BR> This disposition is not citable as precedent. It is a public record. The administrative judge noted that [a]lthough a hearing was initially requested and scheduled in this appeal. The hearing scheduled was therefore canceled. De Melo did not dispute that the court order was acceptable for processing or that it awarded his former spouse 100% of his gross monthly retirement annuity. De Melo only presented assertions that were not appropriate for the Board to address. We have 05 3104 2 DISCUSSION We review a decision of the Board to ensure that it is not arbitrary. De Melo first argues that the Board's denial of his petition for review is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/97/07/963684P.pdf">OPINION/ORDER</A><BR> The judgment of the District Court is * * * * Appeals from the United States * District Court for the Northern District of Iowa. * * * The Honorable Gary A. Anna Hinkel is an appellee only and not a cross appellant. 2 1 reversed and this cause remanded with directions that summary judgment be granted in favor of appellant. The underlying cause is an interpleader action brought by Prudential Life Insurance Company of America (Prudential). in the Prudential initiated this action in regard to a life insurance policy it had issued to Gail Hinkel amount of $200. The Hinkels were divorced. herein. Curtis and Gail Hinkel were granted joint custody of their minor child. Which was incorporated by the Decree of Dissolution. matters. The issues presented came before the District Court on appellant's motion for judgment on the pleadings which was later converted to a motion for summary judgment with the consent of counsel for the parties herein. [O]ur review is therefore do novo. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200116723ord.pdf">OPINION/ORDER</A><BR> BY THE COURT: The Court having been polled at the request of one of the members of the Court and a majority of the Circuit Judges who are in regular active service not having voted in favor of it (Rule 35. The Petition for Rehearing En Banc is DENIED. /s/ J L EDMONDSON Chief Judge 2 BIRCH. Specially Concurring in the Denial of Rehearing En Banc: The dissents to the denial of rehearing en banc both agree that the Equal Protection Clause challenge to the Florida statute at issue should have been embraced by our court. 4 the vociferous dissent by my sister jurist (for whom I have great respect and affection). The Florida adoption statute at issue is constitutionally flawed. The Lofton panel's analysis and approach in this case was premised on a fundamental principal or philosophy. When he observed: Courts are not representative bodies. They are not designed to be a good reflex of a democratic society. ... Their essential quality is detachment. History teaches that the independence of the judiciary is jeopardized when courts become embroiled in the passions of the day and assume primary responsibility in choosing between competing political. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/04-1233.pdf">OPINION/ORDER</A><BR> This disposition is not citable as precedent. It is a public record. I Oleh Weres and Nancy Weres were once married. Were divorced in California. The community property of the couple was settled by stipulating that Nancy and Oleh are coowners of four issued patents. The Superior Court also decreed that each co owner was barred from licensing or otherwise transferring any interest in the subject patents without the written consent of the other owner. Any monetary benefits flowing from the subject patents also were decreed to require mutual consent. Both parties were bound to sign any documents necessary to register the joint ownership of the subject patents. Holding as to the latter that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Mar1995/95a0996p.txt">OPINION/ORDER</A><BR> Trustees of the Stock Trust Under Item Third of the Will of Rodman Wanamaker. We will affirm in part and reverse in part. Leaving a will and codicils[fn1] that established trusts for his children and their descendants. At issue in this case is a $120 million trust created in Paragraph Third of his will. The stock was sold for $60 million. After the stock was sold. Holding that Wanamaker had intended to provide spendthrift protection for his great grandchildren and Kellogg's interest in the trust was protected. We have jurisdiction under 28 U.S.C. § 1291 (1988). Our review of the district court's construction of Pennsylvania law is de novo. Will be reviewed de novo. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Mar1996/96a1272p.txt">OPINION/ORDER</A><BR> We are confronted with a question of first impression for us: if a debtor. No bar date bankruptcy proceeding fails to list a claim on its schedule of creditors and the bankruptcy case is closed. Is the debt nonetheless discharged pursuant to 11 U.S.C. §§ 727(b) and 523(a)(3). Dischargeability is unaffected by scheduling. After a case is closed. The debt in question was either discharged or excepted from discharge based on sections 523 and 727(b). The filing of a motion to reopen is not necessary to discharge the debt if the statutory exceptions to discharge do not apply. I.[fn1] Susan Judd and Lawrence Wolfe were married on December 27. 1990 and subsequently were divorced on April 26. Was listed under Schedule </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=92-1329.01A">OPINION/ORDER</A><BR> Appellant's argument is basically as follows. Because divorce proceedings are like criminal actions. Where defendants have the right to counsel to defend their liberty. Because marriage is a fundamental </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=92-1600.01A">OPINION/ORDER</A><BR> We are without jurisdiction to review the remand order. REMOVAL AND REMAND REMOVAL AND REMAND Cok was divorced in Rhode Island in 1982. Protracted and acrimonious proceedings in the Rhode Island Family Court have continued to this day and form the backdrop of this appeal. The divorce and its fallout have produced over 600 orders. This is at least Cok's second attempt to remove matters devolving out of her divorce to the federal district court. 000 fund that Cok was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//july96/94-6808.opa.html">SIMMONS V. CONGER<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Simmons v. Circuit Judge:<p> <p> This is an appeal by a former circuit court judge in Alabama from the issuance of a permanent injunction against him. Absent a prior judicial determination that their public interest in a particular trial is outweighed by a specifically identified compelling state interest. Was organized as a nonprofit organization under Alabama law and was incorporated in June of 1990. Simmons is one of the founders of CCCFC. Was an Alabama Circuit Court Judge in the Sixth Judicial District in Tuscaloosa County until January 1995. At which time his term of office ended.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19974336.OPN.pdf">OPINION/ORDER</A><BR> Appellant Abraham Brand was found guilty of willfully failing to pay a past due support obligation. Arguing that his failure to pay was not willful. That the state court order that formed the basis of his support obligation under the Act is invalid. That he is unable to pay. Three children were born to this union: a girl in 1980. Brand was a successful entrepreneur. Including a While this appeal was pending. Neither Brand nor his lawyer were present at the final hearing. Which was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19974336.MAN.pdf">OPINION/ORDER</A><BR> Appellant Abraham Brand was found guilty of willfully failing to pay a past due support obligation. Arguing that his failure to pay was not willful. That the state court order that formed the basis of his support obligation under the Act is invalid. That he is Honorable Donald P. While this appeal was pending. Three children were born to this union: a girl in 1980. Brand was a successful entrepreneur. Neither Brand nor his lawyer were present at the final hearing. Which was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//sept97/96-3099.opa.html">UNITED STATES V. WILLIAMS<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>United States v. BACKGROUND</i><p> <p> Appellant and his wife were married in May 1979. One son (Jason) was born in September 1980. Who was born in March 1988. Appellant had graduated from Vanderbilt Medical School and was board certified in anatomic pathology. He was employed as a pathologist at Space Coast Pathology and served as the Associate Medical Examiner for Brevard County.<p> Formal separation proceedings were commenced in State Court. He also threatened to quit his job and go live in a monastery in order to insure that none of his earnings were used to pay child support. On the same day the Income Deduction Order was issued. A final divorce decree was issued on June 12. He does not believe that he will be able to make the payments </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/04b0007p-06.pdf">OPINION/ORDER</A><BR> An order is final if it </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/012406.P.pdf">OPINION/ORDER</A><BR> Second full paragraph the first sentence is deleted. Is replaced with the following: As Sheriff David Kelbie noted in his commentary to the Scottish Court of Sessions's opinion in Donofrio v. A parent </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1998/08/97-8109.htm">97-8109 -- BASOLO V. LUBING -- 08/03/1998<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> Plaintiff appeals the district court's denial of his motion for reconsideration of the summary judgment granted in favor of defendant on plaintiff's legal malpractice claim.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=05-5158.wpd">OPINION/ORDER</A><BR> The case is therefore ordered submitted without oral argument. He pled (1) This order and judgment is not binding precedent except under the doctrines of law of the case. R. 36.3. <hr> guilty and subsequently was sentenced to thirty six months imprisonment followed by one year of supervised release. The district court adopted the presentence report's (PSR) observation that the kidnapping offense was ongoing. Were married in Syria on May 13. Hijazi Dallah was to have three overnight visits with the children each week. Dallah telephoned Hijazi Dallah to inform her he was in Syria with the children. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/mar2001/00-10295.man.html">PESIN V. RODRIGUEZ (3/20/2001, NO. 00-10295)<BR></A><BR> Circuit Judges.</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/05-3295.pdf">OPINION/ORDER</A><BR> This disposition is not citable as precedent. It is a public record. Atomanuk was an employee of the Postal Service. Aldrich argued that she was entitled to survivor benefits by virtue of an amended court order dated October 1. Where those benefits are provided by court order. The Board's decision must be affirmed unless it is: (1) arbitrary. Issues of statutory and regulatory construction are Kievenaar. The Spouse Equity Act provided entitlement to a survivor annuity to the extent </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Oct2000/991832.txt">OPINION/ORDER</A><BR> Appellant challenges the District Court's ruling that Nationwide Mutual Insurance Company ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/dec98/97-4336.man.html">UNITED STATES V. BRAND (12/31/1998, NO. 97-4336)<BR></A><BR> Appellant Abraham Brand was found guilty of willfully failing to pay a past due support obligation. Arguing that his failure to pay was not willful. That the state court order that formed the basis of his support obligation under the Act is invalid. That he is unable to pay. Three children were born to this union: a girl in 1980. Brand was a successful entrepreneur. Neither Brand nor his lawyer were present at the final hearing. Which was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/10circuit/feb96/94-1285.html">UNITED STATES V. 9844 S. TITAN CT.<BR></A><BR> There is merit in both arguments. These were adjacent units in an industrial condominium. Philip May was indicted on January 28. He was convicted on all counts. He was sentenced to ten years' imprisonment. Frances May was never arrested or charged with any crime. Contending that the property was connected with the sale and distribution of controlled substances under 21 U.S.C. 881(a)(6) and (a)(7). By reason of any act or omission established by that owner to have been committed or omitted without the knowledge or consent of that owner. (7) All real property. Which is used. By reason of any act or omission established by that owner to have been committed or omitted without the knowledge or consent of that owner. (1) The May home at 1277 South Memphis in Aurora. Unit 9 was purchased with marital funds but was titled in Philip's name only. (3) The $13. 050 in cash that Philip had with him when he was arrested. (4) The $2. Arguing that he was unable to stop the searches as promised once the police took him from the search sites. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//mar2001/00-10295.man.html">PESIN V. RODRIGUEZ (3/20/2001, NO. 00-10295)<BR></A><BR> Circuit Judges.</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/DAF6480E605ABF9688256BB5005BE541/$file/0099008.pdf?openelement">OPINION/ORDER</A><BR> Jennings claims his trial counsel was unreasonably and prejudicially ineffective under the standard set forth in Strickland v. He further argues that his trial counsel was constitutionally ineffective because of multi 6844 JENNINGS v. Jennings' fragile and failing mental health information that would have made a non first degree conviction reasonably probable we find that Mr. Jennings was deprived of the effective assistance of counsel guaranteed by the Sixth Amendment during the guilt phase of his trial. Ligature marks suggesting she was bound with rope by her neck and ankles. Aspermatic semen containing antigens consistent with his blood was found on the victim. Jennings lost a knife whose blade length was consistent with the victim's stab wounds. Numerous sources noted that he was an habitual. Boechne was placed from the victim's home. (2) he was not competent to aid and assist counsel at trial. (3) he was impermissibly shackled at trial. The issues remaining on appeal are Mr. A generalized Certificate of Probable Cause (CPC) like that issued by the district court in this case is no longer sufficient to confer jurisdiction on this court. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=96-2185.01A">OPINION/ORDER</A><BR> Bankowski and Coffey & Shea were on brief for appellant. P.C. were on brief for appellee. Unless such liability is actually in the nature of alimony. In relevant part: (a) A discharge under section 727 . . . does not discharge an individual debtor from any debt . . . (15) not of the kind described in paragraph (5) that is incurred by the debtor in the course of a divorce or separation or in connection with a separation agreement. S 523(a)(15). 2 payments required by the parties' separation agreement were nondischargeable. At trial it was agreed </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/DBEE61A5EDBDFD3D88256E5A00707BAD/$file/9616799.pdf?openelement">OPINION/ORDER</A><BR> Seeking a writ of execution against the Plan for the amount in which Myers was in arrears on his child support payments under the 1981 judgment. This order </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/5EEA31263C9366048825705F0055F988/$file/0256818.pdf?openelement">OPINION/ORDER</A><BR> OPINION PER CURIAM: We examine whether a false imprisonment that caused the victim to lose employment and employment opportunities is an injury to </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/08/99-4127b.htm">99-4127B -- JOHNSON V. RODRIGUES (OROZCO) -- 08/28/2000<BR></A><BR> Circuit Judges. <p> <hr align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/052927p.pdf">OPINION/ORDER</A><BR> Appellant Metropolitan Life Insurance Company ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/08/99-4127.htm">99-4127 -- JOHNSON V. RODRIGUES -- 08/28/2000<BR></A><BR> Who were joined as defendants. We have appellate jurisdiction pursuant to 28 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0283p-06.pdf">OPINION/ORDER</A><BR> Who was sentenced to death by an Ohio jury for the 1987 aggravated murder of Mari Anne Pope. Pope was babysitting two neighborhood children. He did not have the requisite intent for aggravated murder. Are presumed correct unless rebutted by clear and convincing evidence: In the early morning hours of August 13. The victim Mari Anne Pope was awakened in her home by appellant. Were also awakened. The children awoke to the voice of Mari Anne inquiring as to who this person was that had entered her home. The man asked if there were others in the house. To which she replied that there were two children upstairs. Who was lying upon her stomach. The children were admitted into a neighbor's home and police were called. Her nightgown was pulled up around her neck. She was drenched in blood with large holes in her body. The other officer responded that there was no one on the dining room floor and both officers began to search. Bagley Page 3 first officer to react testified that appellant was very quick and agile. The officer was unable to subdue appellant until two other officers entered the fray. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/01/05/001787P.pdf">OPINION/ORDER</A><BR> May suggested it was Scoville's as she had worked for him for five years without salary. The farm was titled in Scoville's name. Scoville was unable to identify any property retained by May. Which the district court found was unrelated to hours worked. May and Scoville had two children while they were married and three more after the divorce. May was indicted on various tax related charges. While Scoville was in Costa Rica. The farm was completely destroyed by fire. May was an insured by definition under the policy. 648 in insurance payments for personal property she proved was hers alone. Because such a levy will necessarily implicate the property rights of individuals other than the delinquent taxpayer. That the levy was wrongful. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/98opinions/98-1369a.html">NEW VALLEY CORP. V. GILLIAM, DORETHA<BR></A><BR> Dobbs argued the cause and was on the brief </P> <P>for petitioner New Valley Corporation.</P> <P> . Woodall argued the cause and was on the brief for </P> <P>respondent Doretha Gilliam. The LHWCA </P> <P>was made applicable to the District of Columbia by the 1928 </P> <P>District of Columbia Workers' Compensation Act. </P> <P>holding that legal marriage alone is insufficient to confer </P> <P>eligibility for survivor benefits. Courts must examine the facts of the relationship to </P> <P>determine if there </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDA1LTQ4NDNfc28ucGRm/05-4843_so.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/95/12/951020P.pdf">OPINION/ORDER</A><BR> At issue here Susan and Ronald Ellis were divorced in November 1989. which reads as follows: is paragraph 1 of the attachment to the Ellises' Decree of Dissolution. Petitioner [Susan] is awarded Three Hundred Thousand Dollars ($300. Which is held in or by said plan. The above language was modified. 000 award was not an abuse of discretion. The court of appeals The only change of substance was the deletion of the last sentence requiring Ronald modified the award. 000 was to be paid to Susan on July 1. Ronald was to pay Susan $50. 000 plus interest </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/06/04/056035P.pdf">OPINION/ORDER</A><BR> This is an appeal from an order of the bankruptcy court allowing a claim by the Estate of Victor Litzinger in the amount of $130. Is Guy's estranged wife. Victor was an elderly man when. Victor executed a Last Will and Testament which named Guy as personal representative of Victor's estate. The will left all assets which Victor owned at the time of his death to Guy and Warren equally. Guy did sign a Substitute W 9 which indicated that the account was opened as a joint account and the brokerage company considered the account a joint account with the right of survivorship. No draws were made on the Victor/Guy account between the time it was opened and Victor's death. Most of these facts are from our earlier opinion. Were transferred to an existing account in the names of Guy and Louise jointly. Guy was the only person who could actually make the transfer. This is apparently the first and only time until the claim was filed in this case that Guy took the position that the money in the Guy/Louise account was an asset of Victor's estate. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=99-1589.01A">OPINION/ORDER</A><BR> Were on brief for appellees. This case is related to a lengthy and bitterly fought divorce proceeding in New Hampshire between plaintiff Annette B. It would appear that the divorce proceedings were precipitated when Annette discovered that Joseph was having an affair with the household maid. Inter alia: What I cannot find is a pattern of racketeering activity as defined by the RICO statute. [W]here this complaint is deficient is that it does not allege false or fraudulent pretenses. Those allegations are not made with the specificity required by Rule 9(b). Although RICO is silent about what limitations period governs the filing of civil RICO claims. The Supreme Court has held that civil RICO actions are subject to a four year limitations period. 183 (1997)(holding that civil RICO claims are subject to a four year limitation period contained in 4B of the Clayton Act the statute of limitations that governs private civil antitrust actions seeking treble damages). The first requirement that the plaintiff must establish in order to survive a motion to dismiss is the existence of an enterprise. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200110433.opn.pdf">OPINION/ORDER</A><BR> The Last Will and Testament of Waldo DeLoache. As Custodian of the Interests of John Michel Whitehead DeLoachePowers and Russell Whitehead DeLoache Powers under the Last Will and Testament of Waldo DeLoache. Individually as legatee under the Will of Olivia Dubberly Hughes. As Executor of and individually as legatee under the Will of Mary S. The Will of Bruce Dubberly. As beneficiary of the trust under the Will of Marjorie Whitney A. The Will of Joseph Alexander Perkins. The Last Will and Testament of Waldo DeLoache. As Custodian of the Interests of John Michel Whitehead DeLoachePowers and Russell Whitehead DeLoache Powers under the Last Will and Testament of Waldo DeLoache. Individually as legatee under the Will of Olivia Dubberly Hughes. As Executor of and individually as legatee under the Will of Mary S. The Will of Bruce Dubberly. As beneficiary of the trust under the Will of Marjorie Whitney A. The Will of Joseph Alexander Perkins. Circuit Judge: This consolidated appeal arises out of the probate of the will of Waldo DeLoache ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/267097CDBE9BD00088256E6F005C348C/$file/0273924.pdf?openelement">OPINION/ORDER</A><BR> Who is an American citizen. The government argues that these aspects of the BIA's decision are discretionary and that IIRIRA. We also hold that § 1252(a)(2)(B) does not affect our jurisdiction to review BIA decisions that are contrary to law. They began living apart but have no plans to divorce. When his visa was refused. Alleging that he was a removable alien.1 At a hearing on November 5. Most of its functions were transferred to the Bureau of Border Security and the Bureau of Citizenship and Immigration Services. We will refer to the relevant government agency as the INS. 1 MEDINA MORALES v. ASHCROFT on the basis of his relationship to his step father is deserving of greater discretionary consideration than holding him to the bargain he entered into with the United States when he asked for and accepted voluntary departure under section 240B(a) of the Act. The Immigration Judge's finding that the respondent failed to establish a particularly strong relationship between the adult respondent and his United States citizen step father is also relevant to the exercise of discretion as the quality of the relationship impacts upon the equities the respondent has established in support of reopening. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/991579.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. Simmons was rightfully entitled to the $100. Moore's estate was entitled to the insurance proceeds. Moore took out a life insurance policy with Pan American Assurance Company in which he was named the insured. The named beneficiary under the policy was his then wife Judy Moore (now Judy Simmons) and the policy listed the Moores as co owners. The change will take effect on the date the notice was signed subject to any action taken by [Pan American] before recording the change. Or privileges accruing to either party by virtue of said marriage relationship or otherwise and whether the same are conferred by the Statutory Law or the Common Law of West Virginia or any other state. Pan American was apparently never informed of the Moores' divorce or the terms of the property settlement agreement. I have contacted legal coun[sel] and have been advised that since I am the sole owner of this policy I don't have to get Judy or anyone else to sign anything in the state of West Virginia. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/96/05/951062P.pdf">OPINION/ORDER</A><BR> Nyonzele concedes that he is deportable but contends that he is entitled to discretionary relief in the form of (1) a waiver under 8 U.S.C. § 1186a(c)(4) of the joint petition requirement for seeking permanent resident status. Nyonzele and his wife were required to file a joint petition with the Immigration and Naturalization Service (INS) and appear together for a personal interview approximately two years after the date when he obtained the conditional status. This waiver would have allowed Nyonzele to seek permanent resident status without fulfilling the joint petition requirement if. He was not entitled to a hardship waiver of the joint petition requirement because he failed to demonstrate a good faith qualifying marriage. fear of The BIA also determined that crediting Nyonzele's testimony persecution. DISCUSSION This court has jurisdiction to review </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=99-1564.01A">OPINION/ORDER</A><BR> With whom Justin Gould was on brief. Were on brief. Diana Westover is a native of Tanzania who married her American fianc‚ after removal proceedings against her commenced in 1992. Westover has remained in the United States for the past eight years while proceedings against her have been pending. In the end those actions are not relevant to the legitimate basis for the removal order. Westover attacks both the finding that she is removable and the denial of her application for adjustment of status. Westover argues (1) that her deportation proceedings should be voided because they were the result of an illegal search and because her warrantless arrest violated the Fourth and Fifth Amendments of the United States Constitution and violated Immigration and Naturalization Service regulations. (3) that the INS should have been estopped from charging her as deportable and instituting removal proceedings against her. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/sept97/96-4889.opa.html">GIC CORP. V. UNITED STATES<BR></A><BR> The Commissioner counterclaimed for the deficiency in this refund action.</P> <P> The Commissioner challenged the 1984 capital loss sale on two grounds: (1) if there was a sale at all. (2) there was no valid sale of stock in the three subsidiaries in 1984.</P> <P> In their joint pretrial stipulation. Are:</P> <BR WP= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/00/04/991297P.pdf">OPINION/ORDER</A><BR> Appeals the Tax Court's determination that she is liable for $3. Because she is the successor transferee of an installment note fraudulently conveyed by Stanko Packing to its sole shareholder. We agree Jean is liable as successor transferee. He was its president and sole shareholder. Rudy was indicted for violations of the Federal Meat Inspection Act. The Stankos were divorced in July 1986. As each installment payment was received. Jean paid the deferred capital gains taxes that Rudy would have paid as a result of Stanko Packing's asset sale and liquidation. Stanko Packing did not file the income tax return for this period that was due in September 1985. It has never paid either the tax deficiency or the substantial additions to tax (penalties and interest) that are now owing. The Commissioner sent Jean a notice that she is liable as transferee for Stanko Packing's unpaid deficiency based upon her receipt of the Packerland Note from Rudy in September 1984. Jean's case was tried after Rudy's transferee liability was upheld on appeal. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/96/07/953137P.pdf">OPINION/ORDER</A><BR> Harold Arbeitman was employed by two Dodge dealerships. His first wife from whom he was divorced. Who was named as beneficiary in the Royal Parkway plan. Harold Arbeitman died in August 1992. and profit sharing plans.2 Harold and Patricia were married in October 1966. children. Tried the case by consent of the parties. 2 1 The terms of the Royal Parkway and Royal Gate plans are the 2 same. in December 1983. against his estate. The validity of which was The agreement listed the separate property of Donna and Harold. Neither plan was listed level of support for Patricia and his children. The Trusts brought this interpleader action to have the court determine who was entitled to receive Harold's benefits under the pension plans. The benefits from the Royal Parkway plan were The approximately $83. The magistrate judge rejected Patricia's contention that the plan was intended to take the place of the life insurance policy required by the separation agreement. ERISA defines the term qualified preretirement survivor annuity as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/982479.P.pdf">OPINION/ORDER</A><BR> Although generally a money judgment arising out of a Circuit Court proceeding will constitute a lien on the judgment debtor's land located in the county in which the judgment was rendered. Birney listed the Cecil County property as exempt because it was jointly owned as tenants by the entireties by the debtor and his non filing spouse. The trustee sent notification to creditors that the case was a no asset case. Birney received a discharge and the case was closed. No objections were filed to Birney's claimed exemptions or the trustee's reports. Also that the property was never captured by the bankruptcy estate and therefore could not be reached by Smith. Birney was still alive. Birney was alive. Is incorrect under our recent holding in In re Avis v. Is an </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//sept97/96-4889.opa.html">GIC CORP. V. UNITED STATES<BR></A><BR> The Commissioner counterclaimed for the deficiency in this refund action.</P> <P> The Commissioner challenged the 1984 capital loss sale on two grounds: (1) if there was a sale at all. (2) there was no valid sale of stock in the three subsidiaries in 1984.</P> <P> In their joint pretrial stipulation. Are:</P> <BR WP= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/942652.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. The court ruled that placing the bug was a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/062499np.pdf">OPINION/ORDER</A><BR> We need not repeat the details of Acrivos's claims here as they are well known to the parties and are summarized in the District Court's memorandum. We have jurisdiction over this appeal under 28 U.S.C. § 1291 and exercise plenary review of the District Court's application of the Rooker Feldman doctrine. Acrivos disputes the District Court's conclusion that his claims are barred by the Rooker Feldman doctrine. 336 (7th Cir. 2005) (plaintiff's action barred by Rooker Feldman because </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/064011np.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/062176np.pdf">OPINION/ORDER</A><BR> Was admitted to the United States as a lawful permanent resident on or about September 28. 1989 when Leslie was 12 years old. Leslie is removable under Immigration & Nationality Act ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/981962.P.pdf">OPINION/ORDER</A><BR> Who was a secretary at the Democratic National Committee (DNC) for a short time in 1972. During several public appearances and on a world wide web site Liddy stated that the burglars' objective during the Watergate break in was to determine whether the Democrats possessed information embarrassing to John Dean.1 More specifically. Liddy asserted that the burglars were seeking a compromising photograph of Dean's fiance that was located in Wells's desk among several photographs that were used to offer prostitution services to outof town guests. The district court determined that Wells was an involuntary public figure who could not prove actual malice by clear and convincing evidence. Because we determine that Wells is not a public figure for purposes of the ongoing public debate regarding Watergate and we also conclude that Louisiana law does not apply to two of Wells's defamation counts. We reverse the district court's grant of summary judgment and remand for further proceedings consistent with this opinion. 1 John Dean was legal counsel to President Richard M. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/June2004/033295np.pdf">OPINION/ORDER</A><BR> He was without authority to stay removal proceedings pending the INS's determination of the waiver application. That denial was summarily affirmed by the Board of Immigration Appeals ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/01/01/992535U.pdf">OPINION/ORDER</A><BR> Jeffrey Stephen Weihs was ordered to pay Karen Bernice Kenkel alimony of $425 per month for five years. Weihs filed the instant adversary proceedings seeking the bankruptcy court's determination as to (1) whether the alimony was dischargeable as not actually in the nature of support. Bankruptcy courts give deference to but are not bound by a divorce decree's characterization of an award as maintenance or a property settlement. On the record before us it is not clear what. 403 (6th Cir. 1998) (deference bankruptcy courts owe state divorce courts is not based upon res judicata principles). 1022 (10th Cir. 1994) (any action taken in violation of automatic stay is void). 1056 (8th Cir. 1983) (whether debt is support obligation or part of property settlement is question of federal bankruptcy law. To determine whether issue was actually litigated and was necessary to decision in prior action. We conclude the bankruptcy court's factual findings were clearly erroneous. Although the 2 bankruptcy court was not bound by the divorce decree's characterization of Weihs's debt to Kenkel as alimony. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/971684.P.pdf">OPINION/ORDER</A><BR> He claims that the privilege was impliedly waived when Stables answered a question regarding advice the lawyer had given her during a deposition. It is impossible for her to meet the burden of proof. I. David Hawkins and Andrea Stables are former spouses. Including the following: Q: Is it true or not that Larry Diehl. Because I wouldn't have discussed that with him. He would have no need to make mention of that to me. Although Stables was represented by counsel during the deposition. No objection on the ground of attorneyclient privilege was lodged. tion is intercepted. (3) a reasonable attorney's fee and other litigation costs reasonably incurred. (c) Computation of damages. .... (2) [T]he court may assess as damages whichever is the greater of (A) the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation. Or (B) statutory damages of whichever is the greater of $100 a day for each day of violation or $10. 000. 3 The case proceeded to a one day bench trial which was held on May 19. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/00/11/993515U.pdf">OPINION/ORDER</A><BR> That the judicial defendants were immune. He also asserts that the state judicial officer who issued rulings in his divorce litigation was not authorized to do so. Some defendants have moved for summary affirmance. We conclude dismissal of Sturgeon's complaint was warranted. The judicial defendants were immune from civil liability for damages. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/BE96D59DCC5FF11B88256B7E006D27BB/$file/9899025.pdf?openelement">OPINION/ORDER</A><BR> Who was convicted in 1982 of first degree murder with special circumstances. V were taking a brief walk during their midmorning break from their jobs in Placerville. As they were walking under an overpass. P was gagged and her hands tied and Ms. V was raped. V to Chili Bar where the sheriff and medical help were summoned. P and determined that she was dead. The cause of death was one of three bullet wounds and a fracture through the base of her skull. V testified that one or two days after the shooting she told a police detective that her assailant </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19964889.OPA.pdf">OPINION/ORDER</A><BR> The Commissioner challenged the 1984 capital loss sale on two grounds: (1) if there was a sale at all. (2) there was no valid sale of stock in the three subsidiaries in 1984. Are: a. Whether it was J.E.D. Issues of law on which there is agreement: a. If it was J.E.D. There was no wash sale. Then the sale was a wash sale. So under the stipulation there was no wash sale that would deprive G.I.C. of the loss if there was a sale. The decision on this point is not appealed. As to whether there was a sale. Whether the sale of the subsidiaries was subject to a condition precedent or a condition subsequent. The parties agreed at 7(b): If the requirement of court approval was a condition subsequent. If the requirement was a condition precedent. It was not. This issue turned on the fact that the fifty percent each shareholder husband and wife were involved in divorce proceedings. The husband and wife were litigating over whether the Florida court with jurisdiction over the divorce proceedings should approve the sale. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/May2000/982138.txt">OPINION/ORDER</A><BR> Principally alleging that they terminated him from his position as Executive Administrator of the First Judicial District of Pennsylvania in violation of his constitutional rights and that court personnel unlawfully invaded his privacy when they publicly disclosed documents from domestic proceedings in which he was involved. We will affirm. A committee chaired by Justices James McDermott and Stephen Zappala of the Supreme Court conducted a search to select an Executive Administrator who would have the responsibility of </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/95opinions/95-3164.html">DOWNS V. OPM<BR></A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=05-2096.wpd">OPINION/ORDER</A><BR> The case is therefore ordered submitted without oral argument. Plaintiff appellant is a divorced father whose divorce was administered through the New Mexico state court system. Defendants are the Director of the New Mexico Child Support Enforcement Division. Plaintiff argues that it was error to dismiss this case under either Fed. It was error to dismiss with prejudice. We have conducted a de novo review of the record and the parties' briefs. 1165 (10th Cir. (1) This order and judgment is not binding precedent. The clearest ground for dismissal of this matter was on the basis of the Rooker Feldman doctrine.(1) [T]he Rooker Feldman doctrine prohibits a lower federal court from considering claims actually decided by a state court. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//mar2002/01-10433.opn.html">BLANCHARD V. DELOACHE-POWERS (3/28/2002, NO. 01-10433)<BR></A><BR> </SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/054696np.pdf">OPINION/ORDER</A><BR> We will affirm. It asserted that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/03/03-1075.PDF">OPINION/ORDER</A><BR> Which may be discharged if (A) the debtor does not have the ability to pay such debt from income or property of the debtor not reasonably necessary to be expended for the maintenance or support of the debtor or a dependent of the debtor and. If the debtor is engaged in a business. Charles conceded that the debts had been incurred </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/10circuit/dec95/94-1330.html">UNITED STATES V. GIBBONS<BR></A><BR> It held she was entitled to only one half of the proceeds of the foreclosure sale. They were divorced in January 1982. House is to be sold and equity divided equally between David J. In June 1992 the IRS filed this suit seeking to reduce to judgment federal tax 2 Notices were recorded in 1984. The total amount of the liens which attached to David Gibbons' interest in the Ogden Street property was $42. That the separation agreement conveyed to her a life estate interest in the property for which she was entitled to be compensated. It determined that David and Betty continued to hold the Ogden Street property in joint tenancy and that Betty was entitled to only one half of the proceeds of the forced sale. The threshold question before us is whether. If we find that it did then we must address whether (based on Colorado recording statutes) her failure to record her interest where deeds are registered rendered it invalid as against the recorded tax liens. If we find that Betty's interest was valid against the IRS liens. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/6B07C412D8CA2D8888256C850058E77C/$file/0016423p.pdf?openelement">OPINION/ORDER</A><BR> Bush is substituted for his predecessor. We have carefully reconsidered the question of Newdow's Article III standing in light of this custody order and affirm our holding that he has standing as a parent to continue to pursue his claim in federal court. Newdow had alleged in the district court that he was the father. This informal arrangement apparently was not subject to any custody order until February 6. To have sole legal custody as to the rights and responsibilities to make decisions relating to the health. If mutual agreement is not reached in the above. Banning may exercise legal control of [the child] that is not specifically prohibited or inconsistent with the physical custody order. The father shall have access to all of [the child's] school and medical records. Which we have granted. Banning's motion for leave to intervene presents a question of first impression in this Circuit which we are required to consider. Contending that tutoring for his dyslexic son was being provided by a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/964838.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. Romines first contends that the evidence was insufficient to support his conviction of kidnapping his estranged wife. Must be sufficient for a rational trier of fact to have found the essential elements of the crime beyond a reasonable doubt. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/B78F684FD02875F2882570F1007AE6EA/$file/0435526.pdf?openelement">OPINION/ORDER</A><BR> Our challenge is to cut through the dense language to figure out what Congress meant in terms of surviving spouse benefits under the Employee Retirement Income Security Act of 1974 ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/021.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. OPINION PER CURIAM: Michael Wayne Williams was convicted of two capital murders and sentenced to death. I. Michael Wayne Williams was convicted and sentenced to death for the murders of Mary Elizabeth and Morris Keller. Upon discovering that the store was closed. TRUE 3 Kellers would have </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/01/00-6289.htm">00-6289 -- ROMANO V. GIBSON -- 01/25/2002<BR></A><BR> That his trial attorneys' second stage strategy was constitutionally ineffective. Lloyd Thompson.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/021819.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. Appeals from the district court's order reversing the bankruptcy court's order that held that debt arising out of a divorce settlement agreement was not dischargeable under 11 U.S.C.A. § 523(a)(15) (West Supp. 2003). Because we find that the bankruptcy court did not clearly err in determining that the debt was not dischargeable. I. Ferraro was legally separated from Ballard in 1995. Property issues in a written stipulation agreement and were subsequently divorced. If it was sold within three years IN RE BALLARD 3 of the stipulation agreement. Or 25% of the appraised value of the Chesapeake property if it was not sold within three years.1 Despite Ferraro's requests. The Chesapeake property was not sold within three years of the stipulation agreement and. Was obligated to pay support obligations in excess of $100. Ballard is also one of ten beneficiaries of an irrevocable trust with approximately $85. The property's appraised value was approximately $450. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/96/07/953097P.pdf">OPINION/ORDER</A><BR> Louis We will affirm the Community College. There is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. 1995). (1986). Central to this action is a dispute between Zakrzewski and his exwife over Zakrzewski's court decreed visitation rights with his son. The particular Tuesday through Sunday period was left to the parties to work While Zakrzewski was out of town with his work. Zakrzewski is an over the road truck driver and Monday did not learn that his son was at his parents' home until Friday of that He shortened his trip and returned home late Saturday night. was the Memorial Day holiday. It was also his holiday to have the boy. The next day was Tuesday. Sheriff Fox then called Zakrzewski with a warning to return the Zakrzewski went to the sheriff's child as the ex wife demanded or face a felony charge with the potential for a three to five year prison term. office to protest the sheriff's demand and was told to deliver his son by 4:00 p.m. that day to the designated third person who would then. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/490F5BB075DBE64988256EAC0058F325/$file/0273924.pdf?openelement">OPINION/ORDER</A><BR> Is amended by the opinion filed concurrently with this order. Who is 7184 MEDINA MORALES v. The government argues that these aspects of the BIA's decision are discretionary and that IIRIRA. We also hold that § 1252(a)(2)(B) does not affect our jurisdiction to review BIA decisions that are contrary to law. They began living apart but have no plans to divorce. When his visa was refused. Alleging that he was a removable alien.1 At a hearing on November 5. Most of its functions were transferred to the Bureau of Border Security and the Bureau of Citizenship and Immigration Services. We will refer to the relevant government agency as the INS. 1 7186 MEDINA MORALES v. The respondent has failed to establish that allowing the respondent to seek previously abandoned relief on the basis of his relationship to his step father is deserving of greater discretionary consideration than holding him to the bargain he entered into with the United States when he asked for and accepted voluntary departure under section 240B(a) of the Act. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/July2004/033159np.pdf">OPINION/ORDER</A><BR> Venue was transferred to New York where he filed an application for asylum and withholding of removal. The matter was transferred to Philadelphia. Determined that the asylum application was frivolous and denied Yang's request for 2 asylum. The BIA affirmed the decision of the IJ except that it did not join in the IJ's determination that the asylum application was frivolous. Yang asserts that the BIA's ruling should be reversed because (1) the IJ's adverse credibility finding was not supported by substantial evidence. This court will review the decision of the IJ as the final determination of the agency. This court is to </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Oct1994/94a0871p.txt">OPINION/ORDER</A><BR> That Talcott is entitled to receive one half of the pension benefits which Hullett has accrued as of December 31. If she remains unmarried at the time Hullett actually retires or is required to begin receiving pension benefits. I. Hullett and Talcott were married on August 19. Hullett was a fully vested member of Towers. Contending that the Agreement contained an error in that the pension was suppose to be valued as of December 31. Of which value Talcott was suppose to receive fifty percent. Talcott responded that the Agreement was correct as written. 100% of all income received from the pension plan was to be payable to Talcott upon Hullett's retirement and receipt of benefits. That the valuation date was deleted in return for Talcott receiving a full 50% of whatever pension was ultimately payable to Hullett. Whereby the parties agreed that Hullett would receive a pension equal to the one he would have earned under the Plan had he remained employed with Towers. Determined that the Agreement was a QDRO[fn3] within the meaning of ERISA. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="ftp://opinions.ca5.uscourts.gov/unpub/02/02-61010.0.wpd.pdf">OPINION/ORDER</A><BR> The court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. Serton contends that the district court erred in holding that Chancellor Springer was entitled to judicial immunity and in granting her motion to dismiss. 585 Judicial officers are entitled to absolute immunity from claims arising out of acts performed in the exercise of their judicial functions. 315. 1 F.3d Judicial immunity may be overcome only by showing that the actions complained of were nonjudicial in nature or were taken in the complete absence of all jurisdiction. Summary judgment is appropriate </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-3502.wpd">OPINION/ORDER</A><BR> We do have jurisdiction. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/97/07/976037P.pdf">OPINION/ORDER</A><BR> BACKGROUND The appellant is the debtor in this Chapter 7 case. The appellee is his ex wife. A discharge was entered on May 10. Noting that the debt was incurred after the order for relief was entered. Section 350(b) provides that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/23F2B067DAC26E288825713E004DC7A2/$file/0316340.pdf?openelement">OPINION/ORDER</A><BR> Circuit Judge: Christopher Weber was appointed by a Texas state court as a receiver for the marital estate of Tracy O'Reilly Kohlrautz and Franz Wilhelm Kohlrautz. I. Background The Kohlrautzes were married in Luxembourg in 1981. Kohlrautz were domiciled in Texas for purposes of divorce proceedings in that state. Her complaint alleges that two pieces of Nevada property owned by Oilmen are assets of the marital estate. Oilmen's central contention against Weber was that he engaged in tortious abuse of process in assisting Ms. The district court concluded that Weber was protected by absolute immunity for acts within the scope of his authority as receiver. The court held that there were triable questions of fact as to whether he committed acts outside his authority. We have asked for and received supplemental briefing on the issue of what law is applicable to this case. Interlocutory Review and Standard of Review [1] We do not ordinarily have jurisdiction to review a denial of a motion for summary judgment because such a denial is not a final judgment. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/8A83F8100A7773D788256EC900829D52/$file/0310359.pdf?openelement">OPINION/ORDER</A><BR> We further hold that the district court correctly concluded that Stephens is required to pay part of the restitution award to the State of UNITED STATES v. We hold that payment should be made by Stephens to the State of Georgia only after the amount owed to the child's mother under the order is paid in full. The United States brought this criminal action to enforce Stephens's obligation to make the payments and to recover past payments that were still owing. Stephens was charged with one count of Failure to Pay Legal Child Support Obligation in violation of 18 U.S.C. § 228(a)(3). A superseding information was filed on January 23. The information further contained allegations that the amount due was in excess of $5. 395 was principal. Representing the amount of public assistance the State had paid to Garcia to support Joshua during the period Stephens was in default. Or is greater than $5. A </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/0220FF7181EB67828825722600001255/$file/0535302.pdf?openelement">OPINION/ORDER</A><BR> Circuit Judge: The facts are remarkable. Her two guests were in Frunz's home in Tacoma. Physical entry into the home is the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-2469.01A">OPINION/ORDER</A><BR> Albano</SPAN> was on the brief. <SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2001/02/00-7030.htm">00-7030 -- KISER V. BOONE -- 02/27/2001<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> Respondent appellant Warden Bobby Boone appeals the district court's order granting petitioner appellee Daniel C. We have jurisdiction pursuant to 28 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/01/11/016044P.pdf">OPINION/ORDER</A><BR> United States Bankruptcy Court for the District of Minnesota. which were awarded to him in a marriage dissolution decree. Were married in 1986. The contributions to the individual IRA accounts were made from the income of the Andersons' joint farming operation. The Andersons were divorced. The value of this award was $25. 2001 (which was nine days after the marriage dissolution decree was entered in the state court). The funds were still included in Kelly Anderson's IRA account. The Bankruptcy Court sustained the objection and disallowed the portion of the claimed exemption that was awarded to the Debtor as part of the divorce. The Debtor appeals. 2 STANDARD OF REVIEW Because the parties do not dispute factual issues in this case and the sole issue before us is whether the Bankruptcy Court correctly interpreted and applied the Minnesota exemption statute and the case law precedent to the undisputed facts. Our review is de novo. The Debtor seeks to have his appeal transferred from the Bankruptcy Appellate Panel to the District Court for the District of Minnesota. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/94opinions/94-7202a.html">FIRESTONE MYRNA O. V. FIRESTONE, LEONARD<BR></A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/mar2002/01-10433.opn.html">BLANCHARD V. DELOACHE-POWERS (3/28/2002, NO. 01-10433)<BR></A><BR> </SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/99/11/983843P.pdf">OPINION/ORDER</A><BR> After the Immigration and Naturalization Service ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/02/12/013077P.pdf">OPINION/ORDER</A><BR> Bob Rushing have been convicted of various offenses involving the immigration of two Chinese women into the United States. All three defendants were convicted of conspiring to violate 18 U.S.C. § 1546(a) by supplying false information in order to obtain visas for the women. Jones and Ma were also convicted of harboring an illegal alien. Jones was sentenced to three years' probation. His probation was conditioned upon service of one month in a halfway house. Rushing was sentenced to three years' probation. Ma was sentenced to three years' probation. We believe that most of their arguments are without merit. Further proceedings will be necessary on remand to determine whether the evidence should have been excluded on other grounds. The government did not seek to have Ms. The case will be remanded for the District Court to hold a hearing to determine when the government changed its position. This Court will retain jurisdiction while the remand with respect to these two issues takes place. We will then review those 3 findings and conclusions after giving the parties an appropriate chance to set forth their positions. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=00-2041.01A">OPINION/ORDER</A><BR> Caldeira</U> were on brief for appellant.</FONT></P> <BR WP= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=00-1665.01A">OPINION/ORDER</A><BR> Were on brief. Made out a will and left Kathleen Gass the house. The court concluded that Kathleen Gass was not entitled to assert the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/02/12/022496P.pdf">OPINION/ORDER</A><BR> Robert Silverman appeals the district court's ruling that his children were not habitual residents of Israel at the time their mother brought them to the United States and that. Even if they were. The issues before us are whether the district court (1) improperly determined that the Silverman children's habitual residence is the United States. The official history and commentary in the Federal Register explains that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDA1LTIyMTlfc28ucGRm/05-2219_so.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200414595.pdf">OPINION/ORDER</A><BR> Is a Georgia prisoner on death row. The procedural history of this case is extensive and complex. This right is guaranteed a defendant in a state court criminal prosecution by the Due Process Clause of the Fourteenth Amendment. The following statement of facts is an excerpt from Alderman v. Alderman was employed as an assistant manager at the local Piggly Wiggly supermarket. Alderman was employed in the Tax Assessor's office for the City of Savannah. When both Alderman and Brown were employed in the vehicle maintenance department for the City of Savannah. Testimony indicates that Brown was initially reluctant. We affirmed the district court's denial of a writ of habeas corpus on claims that are not implicated in this appeal. 3 2 room and struck Mrs. Alderman's nose and mouth until she was unconscious. Randy Hodges ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDA1LTIyMTlfc28ucGRm/05-2219_so.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0649n-06.pdf">OPINION/ORDER</A><BR> Simon contends that the district court erred in finding that her claims were barred by the applicable statutes of limitations and in finding that the proximate cause of her The Honorable Leon Jordan. Sitting by designation. * damages was her failure to read the agreement before signing it. In 1999 when she changed her will. The first issue raised by the Nadler law firm in its motion for summary judgment is related to the accrual of Simon's legal malpractice action. Under Ohio law there is a one year limitations period for malpractice actions. An action for legal malpractice accrues and the statute of limitations begins to run when there is a cognizable event whereby the client discovers or should have discovered that his injury was related to his attorney's act or non act and the client is put on notice of a need to pursue his possible remedies against the attorney or when the attorneyclient relationship for that particular transaction or undertaking terminates. The district court found that there was no question that Simon knew and believed in 1988 when she read the agreement that the law firm had not protected her interests in drafting the agreement and that she knew then that a questionable legal practice had occurred. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/July2000/989005.txt">OPINION/ORDER</A><BR> This is an appeal from the decision of the United States District Court for the District of Delaware denying the petition of Dwayne Weeks for a writ of habeas corpus. Was sentenced to death. His subsequent appeals and post conviction proceedings have been unsuccessful. We will review the facts and procedural background in detail before turning to the legal analysis. The summary of facts set forth here is drawn chiefly from the District Court's comprehensive and uncontested statement of facts. There is no significant difference between them. 2 who requested that police come to her apartment immediately. She told the 911 operator that someone was trying to get into her apartment. That she believed it was her estranged husband Darryl Weeks. Gwendolyn Weeks explained that she lived in a high security apartment complex where all visitors were announced by the security guards and that she had not authorized any visitors. Several gunshots and screams were heard over the open line and the operator sped the police to the caller's apartment. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/99/08/996022P.pdf">OPINION/ORDER</A><BR> The debtor appeals from the judgment of the bankruptcy court1 determining that certain debts to his ex wife were excepted from his discharge. United States Bankruptcy Judge for the Eastern District of Missouri. 1 bankruptcy court applied the correct legal standard and its finding of fact were not clearly erroneous. BACKGROUND Alfred and Yvonne Rush were divorced pursuant to a judgment of the St. Alfred was awarded custody of the couple's child and Yvonne was ordered to pay Alfred $184.00 per month in child support. These Rules are applicable in this proceeding pursuant to Fed. Timeliness of Appeal She first argues that Alfred's postjudgment motion was untimely. Which was February 10. Or proceeding was entered or taken. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/8036D10987CF2BB588256B5100623A5F/$file/0035233.pdf?openelement">OPINION/ORDER</A><BR> Who was then working in a new position in Maryland. Filed a supporting affidavit acknowledging that he should have been more diligent but explaining that [he] was in the process of telephoning attorneys in the Boise. [he] was not able to obtain an attorney to represent [him] in this matter. [he] . . . was finally able to retain Mr. The trial court's exercise of discretion </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/03/99-1342.htm">99-1342 -- BOLIN V. CHAVEZ -- 03/31/2000<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> Plaintiff appellant Gregory Dean Bolin appeals from the district court's dismissal of his claims for lack of subject matter jurisdiction. Bolin was incarcerated. Shortly after he was released from prison in 1995. Bolin was arrested and charged with kidnapping. Judge Meyer later denied without explanation Bolin's motion to have Chavez held in contempt for violating the divorce decree and soon thereafter entered an order terminating Bolin's parental rights. P. 12(h)(3) before process was served on defendants. Because Bolin is proceeding pro se. It is a court's </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=99-1822.01A">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/01/01-3857.PDF">OPINION/ORDER</A><BR> Clarence Cross was employed in the mail room of a large Chicago based insurance company. Cross was the supervisor in charge of outgoing mail services at CNA. Cross was personally authorized to issue checks to vendors in amounts up to $1. Evidence submitted at trial establishes that between August 1995 and July 1997 (when Cross was discharged) CNA issued some 400 checks representing approximately $3.8 million to three fictitious entities: Fidelity Graphics. The two were casual friends. William White was also acquainted with Clarence Cross. The entity was only used as a vehicle for the issuance and eventual conversion of CNA checks into cash. Then he would either take them to a bank or a currency exchange to have them cashed. All of the checks were made out for amounts less than $10. He was sentenced to a three year term in the Illinois Department of Corrections. This is when Cross sought Cassano's help in continuing the fraudulent cashing of CNA checks in his absence. 4 Nos. 01 3857. 01 3919 & 01 4368 Approximately a month before he was to begin serving his sentence. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/034754p.pdf">OPINION/ORDER</A><BR> District Judge Adnan Muhanna ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/96a0025p-06.pdf">OPINION/ORDER</A><BR> I. The Question Presented This is a direct criminal appeal by a convicted Tennessee state judge. Section 242 was adopted as a codification of prior law in 1874 during the period of Reconstruction in the aftermath of the Civil War. It criminalizes without any further definition the willful </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200214941.pdf">OPINION/ORDER</A><BR> Turner Murders his Wife and Joyce Brown The facts concerning the two murders largely are undisputed. Turner repeatedly arrived at Joyce's apartment asking to speak to his estranged Irene Hall also went by the nickname </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200212924.pdf">OPINION/ORDER</A><BR> As that phrase is used in § 1958(a). Valoze's cellular phone number was registered in a South Georgia area code. This telephone call was recorded. Both men were physically located in Georgia. The money would only be </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/01/01-1688.PDF">OPINION/ORDER</A><BR> Nolen was entitled to absolute qua sijudicial immunity and that Mr. Nolen was entitled to 2 No. 01 1688 qualified immunity. It is the unanimous opinion of the court that Mr. Nolen is not protected by absolute quasi judicial immunity. It is the opinion of the majority of the panel that Mr. A third member of the panel is of the opinion that Mr. Nolen is not entitled to qualified immunity on that claim. Snyder alleged that he was estranged from his wife. That his wife was in sole possession of his non marital property. That he was incarcerated in the custody of the Illinois Department of Corrections. That his assets were at substantial risk because his wife had indicated to Mr. His actions in `whiting out' [the] same was an `impermissible encroachment of judicial authority.' </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//aug96/95-3346.opa.html">OPINION/ORDER</A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>In re Strickland United States Court of Appeals. The district court found the debt nondischargeable under 11 U.S.C.
299 OPINION/ORDER
Is a participant in the UFCWNorthern California Employers Joint Pension Plan (the
299 FUGATE V. HEAD (8/16/2001, NO. 98-8930)

BACKGROUND

299 OPINION/ORDER
This is his second appeal to this court on that issue. The first resulted in a remand to the district court for it to determine when he was arrested. Whether the confession was suffi 2 No. 04 3662 ciently attenuated from that illegal arrest. The facts underlying the criminal case are set forth in Reed I. Will be repeated only as is necessary to understand the legal issues before us in this case and to incorporate the findings by the district court on remand. Reed was one of three persons in a pickup truck that was towing a horse trailer on Interstate 57 when Illinois State Trooper C.G. The horse trailer contained two horses and was heavily padlocked. Was driving with a suspended license. Garnica was arrested. Allowed to immediately post a $100 cash bond and was released at the scene. To determine if either of them was permitted to drive the truck. Fifeld asked them what they were doing in Illinois. Martin stated that he was in Illinois to buy horses. Fifeld asked him whether there were any guns. The bundles were located in the gooseneck of the horse trailer.
299 OPINION/ORDER
Farrow raises four arguments on appeal: (1) that the evidence at trial was insufficient to sustain a conviction. Walker and Farrow were wed on May 28. Who was born on February 8. Shortly before Farrow's 90 day visitation period was set to expire. He and Walker obtained paperwork from the Immigration and Naturalization Service (
299 OPINION/ORDER
We have jurisdiction under 28 U.S.C. § 1291. I. BACKGROUND K.W.B. was born in February 1994 to Boozer and Mawe We Ta Lo Wilder Boozer (
299 OPINION/ORDER
Was on the briefs. Were on the brief. Including whether the prosecution's failure to reveal evidence that could have been used to impeach a witness had a material effect on the jury's verdict. Who was staying with her. Was the only person in it. He was wearing a dark blue three piece suit and a light blue. Because Patel was occupied. Hayes and Patel were coming out of Patel's bathroom area. Was awakened by knocking at her door. There were wet spots on the suit coat. His hands were
299 OPINION/ORDER
Leach's 13 year old daughter testified that her father had never harmed her and that she hoped to live with him once he was released from custody. Was in attendance and wanted to make a statement as a victim of Leach's crime. Saying that Leach was a
299 UNITED STATES V. MUENCH (9/10/1998, NO. 97-2304)

Muench was to send these payments to the Child Support Office for Dallas County. The same court entered another URESA order which found that Muench was in arrears for $20. Muench was indicted in the United States District Court for the Northern District of Florida for intentionally. Arguing that venue was proper only in Texas. Where the child support order in question was issued. 000.00 of the arrearage was for child support due prior to October 25. STANDARD OF REVIEW

A district court's denial of a motion to dismiss for improper venue is subject to de novo review. United States v. Cl. 3 states that

299 UNITED STATES V. WICKLUND

The single issue on appeal is the proper construction of 1958(a) and whether the phrase
299 OPINION/ORDER
Facts Appellant Santos Orellana Blanco was convicted after a jury trial of marriage fraud1 and making a false statement on an immigration document.2 The theory of the prosecution's case was that he fraudulently married a woman. That he lied in his sworn statement and other papers by stating that he was married to her and lived with her when the marriage was actually a sham. 1 2 8 U.S.C. § 1325(c). 18 U.S.C. § 1546(a). 9168 UNITED STATES v. She testified that the marriage was. Was intended as such by both of them from the beginning. Was ultimately frustrated in his attempt to live with her by her leaving him and taking a job elsewhere after cancer surgery made him impotent. At least one of these people was lying. The jury was not too enthused about Boehm. He is married to her. Then his conviction was nearly assured. His credibility was severely undercut on the sham marriage count. The reason they had not was that he refused because the immigration rules turned out to require five years. She didn't have the money to hire a divorce lawyer.
299 OPINION/ORDER
This document was created from RTF source by rtftohtml version 2.7.5 >
299 OPINION/ORDER
Was not credible because he had submitted a fraudulent newspaper article in support of his asylum claim. Selami argues that she did not receive a fair hearing because (1) her asylum claim was joined with her husband's application and (2) her testimony at the removal hearing in support of his claim was interrupted. I. BACKGROUND Selami is a thirty three year old native and citizen of Albania. It appears from the record that her testimony was interrupted upon receipt of news of the terrorist attacks which occurred that morning.2 On March 29. The IJ's decision was based primarily upon Abedin Selami's submission of a fraudulent newspaper article. It is unclear from the record what exactly was the precise reason for the suspension of the hearing. ANALYSIS The first argument that Selami raises in her petition is that she was denied a meaningful review of her individual asylum claim because her claim was joined with her husband's case. We are without jurisdiction to hear her appeal. An alien who is present in the United States may apply for asylum on the grounds that she qualifies as a
299 OPINION/ORDER
The district court made the following statement of facts: The case sub judice is a quiet title action filed in the Jessamine County Circuit Court brought under 28 U.S.C. § 2410. The facts are as follows. The account was in the name of Orion Holding Company. A debit card account was set up for each client at the TSB Bank in the Isle of Jersey. Both Grand Turk and Isle of Jersey have stringent bank secrecy laws and the records of bank accounts in these places can not be reached by legal process. Ray Spotts would have commissions and other taxable income due him sent to Proven Triumphs. These funds were then sent to Orion Holding Company's account at Barclay Bank. Were forwarded to the settlement officer at the time of settlement on the purchase of the home. To disguise the fact that the Spott's were using their own money to purchase the home. This note was secured by a mortgage on the home. The home was purchased for $272. Although the note and mortgage with Orion Bank and Trust were in the names of both Ray and Peggy Spotts.
299 OPINION/ORDER
Circuit Judge: This is a challenge to the California vexatious litigant statute on numerous constitutional grounds. The order was rescinded in 1999. Because Wolfe was not seeking federal relief from a state court judgment.4 We concluded that Wolfe had standing and a ripe dispute. Because his history of lawsuits and the recently rescinded prefiling order showed that he was sufficiently likely to be subjected to such an order again.5 We concluded that most of the defendants Wolfe had sued enjoyed sovereign immunity. The RookerFeldman doctrine generally bars federal district courts
299 04-6065 -- DOPP V. WARD -- 07/28/2004

The district court found that the alleged deprivations were not sufficiently serious to implicate the Eight Amendment. We grant the motion and remind Dopp that he is still obligated to make partial payments until the entire fee has been paid. This requirement is a constitutional prerequisite. Lewis v.
299 OPINION/ORDER
Sami seeks review of the BIA's determination that he failed to demonstrate that his marriage to Tawfik was in good faith and that he was therefore ineligible for a waiver. The marriage was arranged by Sami's uncle. Whose son (Sami's cousin) was planning to be married to Tawfik's sister. Where the marriage was consummated. Sami was accorded lawful permanent resident status on a conditional basis based upon his marriage to a U.S. citizen. Tawfik informed Sami that she was pregnant with his child. The marriage was terminated by entry of a judgment of divorce. Was entered into in good faith. The INS thereafter issued a show cause order charging that Sami was deportable on two grounds: (1) that he was an alien whose conditional resident status was terminated. (2) that he was an alien who engaged in marriage fraud.2 Evidentiary hearings were held before an IJ on July 29. The IJ found that there was
299 OPINION/ORDER
Is hereby amended to include the following: Bank of America (
299 OPINION/ORDER
Department of Veterans Affairs (
299 OPINION/ORDER
The District Court concluded that a spouse is entitled to no more than 50% of the value of entireties property claims as an exemption. Accordingly we will reverse.1 I. Among the entireties property listed was a stock portfolio valued at $15. Two separate bankruptcy estates are created. Asserting that the wife was merely a
299 OPINION/ORDER
Was born in the Punjab region of India. Singh argues that he is eligible for a grant of asylum based upon his well founded fear that he will be persecuted if he returns to India because of his membership in the Akali Dal Mann party. Singh testified that he was told that his father died in 1984 at a Sikh celebration after members of the Indian army opened fire on the group. Singh stated that he joined the Akali Dal Mann party on the day his brother was kidnapped. Singh proffered his party membership card and letter from the party's Chief Spokesman and Secretary to corroborate his testimony that he is a party member. Singh was hanging posters for the party when the police took him and a friend to the police station and beat them. Singh was held at the police station for two days and was released when he promised to cease working for the party. Singh was arrested while attending a rally organized by the party. The head of the village was able to obtain Singh's release and a doctor's assistant treated his wounds.
299 OPINION/ORDER
We will affirm the judgment. The background and factual allegations underlying this cause of action are well known by the parties and need not be detailed here. The District Court found that these defendants lacked sufficient contacts with Pennsylvania to justify the exercise of personal jurisdiction over them given the fact that they were all Delaware residents. That the extent of any involvement on their part was limited to Seubert's representation of Marjorie Lamb in divorce proceedings before the Delaware Family Court. Burns' antitrust claim was likewise dismissed since he failed to allege an
299 OPINION/ORDER
Is amended as follows: Slip op. at 4369.
299 OPINION/ORDER
This document was created from RTF source by rtftohtml version 2.7.5 > In re Strickland United States Court of Appeals. The district court found the debt nondischargeable under 11 U.S.C.
299 OPINION/ORDER
Circuit Judge: Defendant Basho Elliot is charged with cocaine offenses. Who appeared to have previously represented one of the defendant's key witnesses in connection with relevant matters. The district court concluded that the performance of Elliot's counsel was hindered by conflict. If Elliot was convicted. Elliot now contends there was no conflict of interest. Arguing that the Double Jeopardy Clause bars his further prosecution because there was no manifest necessity justifying the mistrial. After a search warrant was obtained. Was found to 4360 UNITED STATES v. A controlled delivery of the package was arranged. Which was the home of John Meston in Lahaina. Elliott was indicted and put on trial on two counts alleging violation of 21 U.S.C. §§ 841(a)(1) and 846: one count of conspiracy to distribute and possess with intent to distribute 500 grams or more of cocaine. Sergio Hevia was called as a witness by Elliot to contradict Meston's testimony. Hevia was asked if he ever learned what was in the package.
299 FUGATE V. HEAD (8/16/2001, NO. 98-8930)

BACKGROUND

299 UNITED STATES V. UTTER

This document was created from RTF source by rtftohtml version 2.7.5 > United States v. Arguing that (1) the evidence was insufficient to support the convictions. Although the evidence presented by the government was thin. We conclude that it was sufficient to support the convictions and that the evidence established a substantial nexus with interstate commerce. Were tragically killed as they attempted to fight the fire. The two firefighters were endeavoring to locate the source of the fire when they were overcome by smoke. Although the property was deeded in Susan's name. Some checks were returned for insufficient funds. Yelvington was forced to pay the taxes.<p> Utter also failed to pay the premiums owed his insurance carrier. Although the application was apparently approved. Utter never actually obtained insurance as he was unable to pay the premium on the policy.<p> In June of 1991. Stormy's was destroyed by fire on September 2.<p> At trial. The evidence was intended to establish a motive for the alleged arson. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/10/01-1053a.htm">01-1053 -- GONZALES V. CITY OF CASTLE ROCK -- 10/15/2002<BR></A><BR> Gonzales alleged that plaintiffs' substantive and procedural due process rights were violated when defendant police officers failed to enforce a restraining order against her estranged husband. Gonzales was seeking enforcement of the order. The order was entered into the central registry of restraining orders. The order was served on Mr. Gonzales was excluded from the family home and was prohibited from molesting or disturbing the peace of Ms. Simon Gonzales abducted the three girls while they were playing outside their house. Gonzales discovered the children were gone. Officers Brink and Ruisi were sent to the Gonzales home. The Officers </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/07/01-8093.htm">01-8093 -- POWELL V. BLUMENTHAL -- 07/23/2002<BR></A><BR> Powell was charged and convicted of a number of federal crimes. Powell is currently incarcerated in the federal penitentiary in Ray Brook. An act she is under no apparent obligation to undertake. Powell filed the present claim in federal district court seeking to have the federal court overturn the state court's decision. It appears from his briefs on appeal that his federal court filing is premised on the misconception that state courts are </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/07/01-1365.htm">01-1365 -- SHEALY V. SHEALY -- 07/08/2002<BR></A><BR> Where the parties are engaged in a custody dispute over Sierra. Shealy's removal of Sierra was not wrongful. Shealy are United States citizens who were married in the United States. Was born in the United States on May 22. Was assigned to a three year tour in Germany. The family court ordered that an opinion be obtained from a court appointed social worker in an effort to determine which parent should have custody. Shealy and Sierra were scheduled to meet with a social worker for an interview the following month. The court's holding was based on its view that unilateral removal of the child was not necessary for military reasons as required by its prior order. Holding that the transfer <em>was </em>necessary for military reasons. <p> It is true that she moved the child to the United States somewhat earlier than <em>absolutely</em> necessary. Since she will have to be in the United States anyway for military reasons as of the end of July 2001. <p> <em>Id.</em> at 480 81 (emphasis added). Although Sierra is no longer in Germany. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDA1LTY2NDNfc28ucGRm/05-6643_so.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/1257B4A0E455128D882571E600582243/$file/0215475.pdf?openelement">OPINION/ORDER</A><BR> The California Court of Appeal's findings are </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/05E4626CCFD512AC88257265005DA463/$file/0535302o.pdf?openelement">OPINION/ORDER</A><BR> ORDER Defendants have responded to our order to show cause. All the neighbor reported was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/02FE5C48C1EC8D61882570F2007BE759/$file/0410590.pdf?openelement">OPINION/ORDER</A><BR> The basis for this conviction was Alferahin's failure to disclose. I. Osama Musa Alferahin was born in Kuwait as a citizen of Jordan. Was not officially recorded in the Spanish civil registry until February 16. Alferahin thus married his second wife and applied for permanent residence in the United States after the religious ceremony in Spain in which he claims to have divorced his first wife. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200516039.pdf">OPINION/ORDER</A><BR> We hold Fibreboard is not entitled to subrogation for its payment of judgments on which both Celotex and Fibreboard were jointly and severally liable. Celotex and Fibreboard were each primarily liable on the judgments as a result of joint and several liability. Fibreboard's release from the judgments constituted consideration because it was found jointly and severally liable. Celotex and Fibreboard were found jointly and severally liable for several asbestos personal injury cases. Fibreboard was not entitled to subrogation because it was primarily liable for the judgments. Bankruptcy Code Claim Fibreboard asserts a subrogation claim under 11 U.S.C. § 509 for Celotex's share of the judgments on which both were jointly and severally liable and which 3 Fibreboard paid.1 At issue is whether a co defendant which pays the full amount of a joint and several liability judgment is excluded from seeking subrogation by § 509(b). Section 509 outlines the subrogation rights under the Bankruptcy Code.2 Section 509(a) grants the right of subrogation to parties who are either liable with the debtor on a claim or act as surety on a claim. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200511718.pdf">OPINION/ORDER</A><BR> Arguing that the district court violated Rule 32(h) of the Federal Rules of Criminal Procedure by not giving advance notice that it was considering a ground for departure not identified in the presentence report or a prehearing government submission. The district court concluded that Rule 32(h) was not applicable under the circumstances. Defendant was indicted with one count of making a threatening interstate communication in violation of 18 U.S.C. section 875(c). (3) the e mails were </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200412343.pdf">OPINION/ORDER</A><BR> Which were mutual modifications of the original 1986 QDRO. Are null and void. Georgia domestic relations law makes clear that post judgment modification by a court of a divorce decree concerning the equitable distribution of property is normally not permissible. Sitting by designation. 2 * asset is insufficient grounds to upset the policy disfavoring modification of fixed allocations of economic resources distributed in a property settlement. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200314850.pdf">OPINION/ORDER</A><BR> I. BACKGROUND Melissa Green Tenorio and Juan Tenorio Ruiz met when Melissa was an exchange student in Mexico. Melissa discovered she was pregnant. Juan visited when the baby was born and returned to Minnesota when he graduated from high school. The marriage was not a happy one. The move was largely financed by Juan's father. Juan and his father told Melissa's mother that it was for a trial period and that if it did not work out. Melissa testified that her understanding of the move was that they would not even live in the same town as her in laws. Juan was also having difficulty with his father and brother in the family business. Juan was physically and verbally abusive. She called Juan and said she was not returning. Holding that Juan failed to prove that the habitual residence of the children was Mexico. That within six months things were not working out. That even Juan was having second thoughts about staying. That Melissa's return to Mexico in 2002 was only an effort to save the 4 marriage. Rather that the family was in limbo during that time. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200313188.pdf">OPINION/ORDER</A><BR> Bragging that he </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200313011.pdf">OPINION/ORDER</A><BR> (2) the murals were school sponsored speech. (3) Appellees' response was reasonably related to legitimate pedagogical objectives. While the school was undergoing long term remodeling. Students were prevented from walking into construction areas by dozens of large plywood panels in interior and exterior hallways. These panels were ugly. Students were invited to paint murals on the panels. Three of these murals were most notable. Sharah's first mural was next to the school's main office. Sharah's second mural was only a few panels down from the office and read. Do you have time for Him? </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/99/06/983263P.pdf">OPINION/ORDER</A><BR> The statute that provides benefits to survivors of coal miners who suffered from black lung disease was amended in 1972 to define widow as including some surviving divorced wives as well as wives at the time of death. Frank Ricker was covered by the statute and when he died the Director. Maintained that under the applicable statutory and regulatory interpretations the women were only entitled to partial benefits. Provides for the payment of benefits when a coal miner is totally disabled by pneumoconiosis or was totally disabled by pneumoconiosis at the time of his death1 or died due to pneumoconiosis. Frank Ricker filed a claim for benefits under the Act in 1976 and was awarded benefits in 1981. His surviving wife was Mary B. He was also at that time still required to make support payments to his prior wife. When the Act was passed in 1969. Congress amended the definition of widow to include any surviving divorced wife who had been married to a miner for ten years immediately preceding their divorce and who had been entitled to or receiving substantial support from the This category of benefits is only available for claims filed within a certain period of time. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/99/03/986095P.pdf">OPINION/ORDER</A><BR> United States Bankruptcy Judge for the District of Nebraska. 1 loans were discharged in her Chapter 7 case under the undue hardship provision of § 523(a)(8) of the Bankruptcy Code. A determination of undue hardship is a factual determination. Is reversible only if we find clear error.2 Because we conclude that the bankruptcy court correctly interpreted § 523(a)(8) as applying to each student loan individually and not to an aggregate obligation of cumulative student loan debt. Because the bankruptcy court's determination that the debtor would experience undue hardship if two of her student loans were excepted from discharge is not clearly erroneous. The loans were each guaranteed by NSLP. Which is still the holder of the three loans. The loans are not consolidated. 359 (6th Cir. 1994) (determination that excepting student loans from discharge will impose undue hardship is a question of law subject to de novo review. Factual findings underlying the determination are reviewed for clear error). While defining undue hardship is a question of law. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200214044.pdf">OPINION/ORDER</A><BR> The policy is an employee welfare benefit plan governed by the Employee Retirement Income Security Act of 1974. Barbara Kennedy was Clint Kennedy's second wife. They were married from 1983 to July of 1991. Mary Beth Kennedy was Clint Kennedy's third wife and was married to him from July of 1991 until the time of his death. BACKGROUND Clint Kennedy was employed by Georgia Pacific Corporation for more than twenty five years. His last position was that of Executive Vice President and. Naming his then wife Barbara as the sole beneficiary if she were still living at the time of his death. We will omit the word </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//sept98/97-2304.man.html">UNITED STATES V. MUENCH (9/10/1998, NO. 97-2304)<BR></A><BR> Muench was to send these payments to the Child Support Office for Dallas County. The same court entered another URESA order which found that Muench was in arrears for $20. Muench was indicted in the United States District Court for the Northern District of Florida for intentionally. Arguing that venue was proper only in Texas. Where the child support order in question was issued. 000.00 of the arrearage was for child support due prior to October 25. STANDARD OF REVIEW</CENTER> </P> <P> A district court's denial of a motion to dismiss for improper venue is subject to <EM>de novo</EM> review. <EM>United States v. Cl. 3 states that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19952346.OPA.pdf">OPINION/ORDER</A><BR> Arguing that (1) the evidence was insufficient to support the convictions. Although the evidence presented by the government was thin. We conclude that it was sufficient to support the convictions and that the evidence established a substantial nexus with interstate Honorable Myron H. Were tragically killed as they attempted to fight the fire. The two firefighters were endeavoring to locate the source of the fire when they were overcome by smoke. Yelvington retained a mortgage on the Although the property was deeded in Susan's name. Some checks were returned for insufficient funds. Yelvington was forced to pay the taxes. Although the application was apparently approved. Utter never actually obtained insurance as he was unable to pay the premium on the policy. Stormy's was destroyed by fire on September 2. The evidence was intended to As described above. The government also established that (1) the restaurant's sales and payroll taxes were behind in payment. (2) the restaurant's liquor license was in danger of being revoked for failure to pay the surcharge tax on alcohol sales. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2001/07/00-8075.htm">00-8075 -- BARTLETT V. COHEN -- 07/27/2001<BR></A><BR> The case is therefore submitted without oral argument. <p> On February 10. Cohen was negligent in representing him in divorce proceedings in Teton County. As this is a diversity case. Bartlett's claims were barred by the two year statute of limitations set forth in Wyo. The court stated: </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19943560.OPN.pdf">OPINION/ORDER</A><BR> Where it was sold. The principal source for obtaining Mexican marijuana was defendant appellant Irma Alred. Who was Irma Calderon in the mid 1980's when the conspiracy began. After delivering approximately 300 pounds of marijuana to coconspirator Charles Douglas Mixon in Holmes County and remaining there until it was sold. Numerous shipments intercepted through traffic stops by law enforcement agents were destined for her. The marijuana was concealed in an extra propane gas tank on trucks traveling from Texas to Holmes 3 County. Three codefendants went to trial.2 At least twenty one smuggling ventures were documented by law enforcement In addition to Irma Alred and Roy Alred. The other seven defendants named in the superseding indictment were: Charlie Junior Alred. The other three defendants who went to trial with Irma Alred and Roy Alred were Virginia Lee Blackmon. The marijuana was hidden in an extra propane gas tank concealed on trucks during the trip from Texas to North Florida. Gonzalez was stopped by the Florida Highway Patrol after leaving the North Florida area on April 22. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19943560.MAN.pdf">OPINION/ORDER</A><BR> Where it was sold. The principal source for obtaining Mexican marijuana was defendant appellant Irma Alred. Who was Irma Calderon in the mid 1980's when the conspiracy began. After delivering approximately 300 pounds of marijuana to coconspirator Charles Douglas Mixon in Holmes County and remaining there until it was sold. Numerous shipments intercepted through traffic stops by law enforcement agents were destined for her. The marijuana was concealed in an extra propane gas tank on trucks traveling from Texas to Holmes County. Three codefendants went to trial.2 At least twenty one smuggling ventures were documented by law In addition to Irma Alred and Roy Alred. The other seven defendants named in the superseding indictment were: Charlie Junior Alred. The other three defendants who went to trial with Irma Alred and Roy Alred were Virginia Lee Blackmon. Roy Alred and the three remaining codefendants were convicted. Irma Alred was sentenced to 364 months of imprisonment. Roy Alred was sentenced to 293 months of imprisonment and five years of supervised release. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//oct96/95-2346.opa.html">UNITED STATES V. UTTER<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>United States v. Arguing that (1) the evidence was insufficient to support the convictions. Although the evidence presented by the government was thin. We conclude that it was sufficient to support the convictions and that the evidence established a substantial nexus with interstate commerce. Were tragically killed as they attempted to fight the fire. The two firefighters were endeavoring to locate the source of the fire when they were overcome by smoke. Although the property was deeded in Susan's name. Some checks were returned for insufficient funds. Yelvington was forced to pay the taxes.<p> Utter also failed to pay the premiums owed his insurance carrier. Although the application was apparently approved. Utter never actually obtained insurance as he was unable to pay the premium on the policy.<p> In June of 1991. Stormy's was destroyed by fire on September 2.<p> At trial. The evidence was intended to establish a motive for the alleged arson. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=98-1282A.01A">OPINION/ORDER</A><BR> Brown</U> was on brief. Were on brief and <U>Kirby A. Was on supplemental brief. It held that there was no plain error warranting reversal. <U>See</U> <U>United States</U> v. <U>Kenrick</U>. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/97/12/976041P.pdf">OPINION/ORDER</A><BR> Forbes ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=98-1049.01A">OPINION/ORDER</A><BR> P.C. was on brief. P.A. was on brief. Four former employees whose conversations were recorded. Since the central issue is one of statutory construction. The plaintiffs were night shift employees of a Wal Mart store located in Claremont. Some of their conversations were secretly recorded on voice activated tape recorders. There was enough involvement by store management that Wal Mart does not contest its responsibility for what occurred. When the events were discovered. The present suit was brought. First it says the judgment below should have been limited. Wal Mart claims that the attorneys' fees award was excessive in light of plaintiffs' failure to secure one of the major objectives of their suit punitive damages. Or electronic communication is intercepted. Statutory damages consist of: . . . whichever is the greater of $100 a day for each day of violation or $10. Appellate review of issues involving statutory interpretation is de novo. When the text's meaning is plain. Courts are obligated to enforce the provision as written. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/97/08/964043P.pdf">OPINION/ORDER</A><BR> The remaining equity in the company was owned by Mary Beth's then husband Steven and by trusts benefitting their children. Who were beginning divorce proceedings. Judy Breeding (who was also a director of CHCC). Who was well known in Missouri as a successful manager of nursing homes. Gourley explained to the Userys that his assets were tied up because of continuing litigation relating to his divorce. The Userys and Breeding (who is not a party to this case) assured Gourley that. Even though 1988 financial results were not yet available. The homes' cash flow in 1988 was substantially the same as the 1987 cash flow. He was told that they totaled about $75. 000 and were current. The resulting drain on cash was exacerbated by Mary Beth's insistence. The Userys also represented that all of the long term debt that Gourley agreed to assume was business related debt. As the deal was structured. The amount of the note was to be adjusted after the closing to account for the difference between payables and Medicaid receivables. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=93-2289.01A">OPINION/ORDER</A><BR> Was sentenced to a prison term and ordered to pay restitution and. To the extent restitution was not paid. Only two issues are properly before us. The first is Parente's claim that his attorney rendered him ineffective assistance of counsel by failing to argue at sentencing that he did not have the ability to pay a fine or restitution. The second is his claim that his attorney rendered him ineffective assistance of counsel at sentencing by failing to argue for a downward departure on the grounds that Parente suffered from </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=93-1602.01A">OPINION/ORDER</A><BR> Were on brief for appellee. Promised as part of a reciprocal will agreement with their father that she would devise her estate in equal shares to them and their stepsister. The question posed by this appeal is whether the estate may deduct the settlement amount for purposes of the federal estate tax. The answer depends upon whether the mutual will agreement was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=92-1624.01A">OPINION/ORDER</A><BR> The claims against defendant Edward Mitchell were dismissed on the merits. As we have concluded that all claims against Kimberly Nwanko should have been dismissed for lack of subject matter jurisdiction. Plaintiff was awarded physical custody of his two children by a temporary decree from a New Hampshire court in April. The children were residing in Florida. After the complaint was referred to a magistrate who issued a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=91-1421.01A">OPINION/ORDER</A><BR> Jessup & Green was on brief for Gary Yesser with whom Yesser. Jessup & Green was on brief for appellant. appellant. Inc. was on Raymond A. Inc. was on brief for appellee. brief for appellee. *Of the Second Circuit. Was not a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=05-1305.01A">OPINION/ORDER</A><BR> Which was repealed in 2001. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1999/08/98-2169.htm">98-2169 -- U.S. V. BROWN -- 08/04/1999<BR></A><BR> Circuit Judges. <p> <hr align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-2138.01A">OPINION/ORDER</A><BR> Was on brief for appellee.</SPAN></P> <BR WP= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-1715.01A">OPINION/ORDER</A><BR> That he entered into his first marriage for the sole purpose of obtaining an immigration benefit and is thus ineligible for an adjustment of status to that of lawful permanent resident on the basis of his subsequent marriage. Which was approved in October 1994. The INS<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-1629.01A">OPINION/ORDER</A><BR> Were on brief. An immigration judge (IJ) denied Yve Sumaya Amparo de Ocasio's petition for permanent resident status and granted her request for voluntary departure after concluding that her marriage to Willy Ocasio was a sham. The petitioner contests the BIA's decision because Willy Ocasio's testimony was submitted by affidavit. She therefore did not have the opportunity to cross examine him. The petitioner was lawfully admitted to the United States for permanent residence on a conditional basis. <SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/07/02/061794P.pdf">OPINION/ORDER</A><BR> The District Court1 held that Mary Beth Kamrath is entitled to the proceeds because she is the named beneficiary on the policy. Although Williams knew the assignment form could not have been sent in response to his March 31 letter on account of the short passage of time. Bradley also executed a last will and testament that named his sister. Aon would not have accepted it as an effective change of beneficiary. Bradley told her that he was going to change the beneficiary of his life insurance policy to his children. Bradley told Mary Beth that neither spouse could change a beneficiary until after the divorce was complete. 3 Bradley committed suicide on September 27. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1999/05/98-4139.htm">98-4139 -- HANCOCK V. STATE OF UTAH -- 05/10/1999<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> Plaintiff Crae F. Hancock's district court complaint was that defendants had infringed upon his constitutional rights by failing to afford a Nevada state court judgment full faith and credit. Hancock asserted that he was entitled to relief under 42 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-1123.01A">OPINION/ORDER</A><BR> Kesten LLP</SPAN> were on brief for appellants.</SPAN> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=02-2323.01A">OPINION/ORDER</A><BR> Associates</SPAN> were on brief. The debtor now appeals.</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/02opinions/02-3053.html">JOHN MORAN V. OPM<BR></A><BR> Argued for respondent.<span style= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=02-1065.01A">OPINION/ORDER</A><BR> P.C.</SPAN> were on brief for appellant.</SPAN></P> <BR WP= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/06/03/053552P.pdf">OPINION/ORDER</A><BR> Although the forfeited property was held solely in Jerry Cochenour's name. It was marital property in which both Jerry and Brenda possess an interest as tenants by the entirety. That is not the case. Brenda Cochenour does not have sole ownership of the forfeited property. In which the property </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/Sept2002/011482.pdf">OPINION/ORDER</A><BR> 2 and that the partnership was dissolved only upon Victor's death. We will vacate the order of the District Court and will remand the case so that the District Court can properly determine. Who were then married. In his will. The surviving Partner shall have the right within ninety (90) days from the date of death of the deceased Partner to purchase the interest of the deceased Partner in the Partnership and to pay to the personal representative of the deceased Partner the value of that interest as provided in Paragraph 18 of this Agreement. . . . Leah advised the Woskobs that Victor's interest was negative in the amount of $33. That the Estate was not entitled to any payments for the purchase of Victor's partnership interest. The fixing of damages for amounts alleged to have been wrongfully taken from the partnership by Leah. Both actions were removed to the United States Bankruptcy Court for the 4 Middle District of Pennsylvania. The Woskobs contended that Leah's attempt to purchase Victor's interest after his death in 1999 was untimely because the Legends Partnership had already been dissolved in 1997 by any one of three events. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/05/11/043726P.pdf">OPINION/ORDER</A><BR> Muhammad Anwar (Anwar) was charged with and convicted of conspiring to defraud the government by aiding and abetting others to enter into fraudulent marriages between 1993 and 2003. The women understood the proposed marriages were not intended to be legitimate marital relationships. Was born in Pakistan. Her purpose was to allow Bashir to obtain a green card and residency in the United States. Reinier realized her marriage to Bashir was wrong and wanted to end it. The government was allowed to present evidence concerning Anwar's romantic involvement with LeAnne Roof (Roof) and with Ali. Even though Roof and Anwar were involved in a personal relationship both before and after the wedding. Ali testified she was in a romantic relationship with Anwar between 1993 and 1999. The jury found five overt acts were committed in furtherance of the conspiracy: (1) Anwar asked Akhtar to marry his nephew. (4) Bashir and Reinier were married on or about February 13. (2) the verdict was contrary to the weight of the evidence. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1998/08/97-2381.htm">97-2381 -- JEGART V. APFEL -- 08/07/1998<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> Plaintiff appeals the district court's decision upholding the Commissioner's refusal to reentitle her to child disability benefits. <u>See</u> 42 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/05/03/046059P.pdf">OPINION/ORDER</A><BR> This is an appeal from an order of the bankruptcy court allowing a claim by The Estate of Victor Litzinger in the amount of $130. We remand with instructions to the bankruptcy court to address a jurisdictional issue which was never raised or briefed before the bankruptcy court or this Bankruptcy Appellate Panel. Was Guy's wife. Victor was an elderly man when. Victor executed a Last and Will and Testament which named Guy as Personal Representative of Victor's estate. The will left all assets which Victor owned at the time of his death to Guy and Warren equally. Guy did sign a Substitute W 9 which indicated that the account was opened as a joint account and the evidence showed that the brokerage company considered the account a joint account with right of survivorship. No draws were made on the Victor/Guy account between the time it was opened and Victor's death. 2 On January 7. Were transferred to the Guy/Louise account. The only evidence of Louise's complicity in this transfer was the testimony of both Guy and Louise that. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1998/04/97-1229.htm">97-1229 -- DAVIS V. HILL -- 04/29/1998<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> Mr. Appeals <em>in forma pauperis</em> the trial court's dismissal of one cause of action contained in his civil rights claims.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//june98/94-3560.man.html">UNITED STATES V. ALRED (6/30/1998, NO. 94-3560)<BR></A><BR> Where it was sold. The principal source for obtaining Mexican marijuana was defendant appellant Irma Alred. Who was Irma Calderon in the mid 1980's when the conspiracy began. After delivering approximately 300 pounds of marijuana to coconspirator Charles Douglas Mixon in Holmes County and remaining there until it was sold. Numerous shipments intercepted through traffic stops by law enforcement agents were destined for her. The marijuana was concealed in an extra propane gas tank on trucks traveling from Texas to Holmes County. Three codefendants went to trial.<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/April2004/032663np.pdf">OPINION/ORDER</A><BR> Because we conclude that the Tax Court was correct in its determination that the payments should not have been treated as alimony. We will affirm its decision. The taking of inconsistent positions by the Commissioner to prevent against a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/june98/94-3560.man.html">UNITED STATES V. ALRED (6/30/1998, NO. 94-3560)<BR></A><BR> Where it was sold. The principal source for obtaining Mexican marijuana was defendant appellant Irma Alred. Who was Irma Calderon in the mid 1980's when the conspiracy began. After delivering approximately 300 pounds of marijuana to coconspirator Charles Douglas Mixon in Holmes County and remaining there until it was sold. Numerous shipments intercepted through traffic stops by law enforcement agents were destined for her. The marijuana was concealed in an extra propane gas tank on trucks traveling from Texas to Holmes County. Three codefendants went to trial.<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Dec1997/97a1765p.txt">OPINION/ORDER</A><BR> This is an appeal by Roderick Frey. Who was convicted by a Pennsylvania state court jury of murder in thefirst degree and was sentenced to death. May have thought that it could only consider those mitigating factors which it unanimously found to exist. Because we conclude that the charge was reasonably likely to have had that effect. We will reverse the order of the district court and direct it to grant a conditional writ of habeas corpus permitting Pennsylvania to conduct a new sentencing proceeding or to sentence Frey to life imprisonment. I. Facts and Procedural History The following are the basic background facts. A fuller factual history is set forth in our opinion on Frey's previous appeal on different issues. Roderick and Barbara Frey were married in 1956. They were experiencing difficulty in their marriage and spoke of divorce. Zehring suggested as a solution that Frey arrange to have Mrs. Though Heberlig was initially led to believe that he would only be assaulting the intended victim. That murder was in fact planned. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/199909/89-0005d.txt">OPINION/ORDER</A><BR> That the motion is in part well taken. It is hereby ORDERED. Abrams is entitled to reimbursement only if he establishes that these fees </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/992051.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. Because Dababnah is in essence seeking appellate review in a federal district court of state court decisions in violation of RookerFeldman. Dababnah notes that while the civil proceedings were ongoing in Judge Burnside's court. Dababnah alleged conflict of interest and the appearance of impropriety because of the intertwining of the criminal case that Keller Burnside was prosecuting with the civil divorce case over which her husband was presiding. The issue was referred to the Chief Justice of the West Virginia Supreme Court of Appeals. We disagree with the district court that Dababnah is seeking relief for the violation of an independent right such that Rooker Feldman would not apply. Dababnah rather is seeking to relitigate the recusal issue. Is what Rooker Feldman forbids. Our sole inquiry is whether the federal district court is being asked to review a state court decision. Having found that this is the case. The judgment of the district court is reversed and remanded with instructions to dismiss Dababnah's claims against defendant Burnside for want of jurisdiction. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/991924.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. I. The claims in this case arise from the operation of an insurance marketing business in which Dresser and Meril Backus were engaged. The underlying facts are set forth in detail in a previous opinion of this court. The relevant facts are these: In December 1982. The court's order was based on Dresser's allegation that he had not transferred the stock to Arient. At the time the underlying action was filed. Arient's motion for relief from the default judgment was pending in the Arizona state court. ULA/MD was dissolved in April 1992. Who were parties to the prior litigation. Dresser's claims are barred by the doctrine of res judicata. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/982832.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. The Secretary's authority and duties under subsection (d)(1) are plainly limited by some subsections not at issue in this appeal. Brown claims this analysis was improper. 147 48 (1994) (holding that a court should not resort to legislative history when a statute is unambiguous on its face). Brown is correct that. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/01/07/006118P.pdf">OPINION/ORDER</A><BR> Sitting by designation. 1 Debtor Beverly Ann Svoboda appeals from the bankruptcy court's2 determination that her student loan obligation is nondischargeable under 11 U.S.C. § 523(a)(8). We have jurisdiction over this appeal from the final judgment of the bankruptcy court. We affirm the bankruptcy court's judgment that the student loan obligation at issue is nondischargeable. Is 38 years old and in good health. Her divorce from her husband will soon be finalized. She has one dependent­a son who is three years old and also in good health. Her post secondary education was financed with student loans. She is eligible for a repayment plan that requires approximate monthly payments in the amount of $168.89 over a fifteen year term. The outstanding balance owed to ECMC on the note was $17. A trial of the matter was conducted on October 30. The evidence at trial established that Svoboda is employed as an elementary school teacher working with children who have learning disabilities. Her gross annual salary at the time of trial was approximately $27. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/981188.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. Although she was Kirby's surviving spouse for the purpose of the Plans. She waived her rights to benefits under the Plans when she instituted a family court action seeking an equitable division of marital property and did not appeal from the ruling therein.2 We agree that Graef is a surviving spouse for the purpose of 1 For convenience. Because no issue has been raised regarding Albemarle's determination that Graef's claim for benefits under the Retirement Plan was materially similar to her claim for benefits under the Savings Plan. I. Kirby and Graef were married on May 10. Graef claimed that the 1987 divorce decree was null and void. Included among the assets considered as marital property was Kirby's </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/972593.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. I Michael Senter was an active duty serviceman who was insured for $200. The group life insurance policy that covered Senter was issued by Prudential to the Administrator of Veterans Affairs and not to Senter individually. Kristine Senter was Michael Senter's wife. The district court held that the 1995 beneficiary designation form was plain on its face and that the form </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/961814.P.pdf">OPINION/ORDER</A><BR> The victim alleges that these rapes were motivated by her assailants' discriminatory animus toward women and sues them pursuant to the Violence Against Women Act of 1994. Morrison immediately asked Brzonkala if she would have sexual intercourse with him. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/05-3333.pdf">OPINION/ORDER</A><BR> This court must affirm the Board's decision unless it is arbitrary. This disposition is not citable as precedent. It is a public record United States Court of Appeals for the Federal Circuit 05 3333 STEPHEN M. Petitioners were copied on and did receive a letter from OPM to the administrative judge at the Board. This letter advised petitioners that Theresa Butler was appealing OPM's decision to deny her the CSRS survivor annuity. Because petitioners' motion was untimely. The scope of review in an appeal from a decision of the Board is limited. This court is required to affirm the Board's decision unless it is: (1) arbitrary. The Board's denial of petitioner's motion to intervene was supported by substantial evidence. Is in accordance with the law. Proper procedures required by the law were followed. A motion for permission to intervene will be granted where the requester will be affected directly by the outcome of the proceeding. 5 C.F.R. § 1201.34(c)(2). Permissive intervenors have the same rights and duties as parties. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/951150.P.pdf">OPINION/ORDER</A><BR> Senior Circuit Judge. *Judge Russell heard oral argument in this case but died prior to the time the decision was filed. The decision is filed by a quorum of the panel. 28 U.S.C. § 46(d). Kristi appended an affidavit stating that she was not involved in an adulterous affair. In response to Kristi's affidavit which was before the court and which denied adultery. Benjamin was aware of the statute and 2 the Fourth Circuit's opinion in Pritchard v. 732 F.2d 372 (4th Cir. 1984) (holding that there is no spousal exception to the statute). Was no longer. Warned Benjamin that the taping and use of the transcripts could be illegal and that he was being reported to the F.B.I. The family court ruled that the transcripts were inadmissible under </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/00/12/994159P.pdf">OPINION/ORDER</A><BR> Provident contends that Keefer is not disabled. I. BACKGROUND Dwight Keefer alleges that he is disabled by reason of trauma induced fibromyalgia. He contends his disability is the result of an automobile accident. Provident first contended that Keefer's disability was due to an illness. Todd Morgan.4 Keefer was questioned at length regarding the DayTimer and admitted crossing out certain entries. He was later asked by letter to produce copies of any DayTimers from 1990 through 1998 that he had. He was again asked in a formal request for production in June 1998. Keefer responded that he was attempting to recover 1994 and 1996 DayTimers in his divorce proceeding. Was still using the 1998 DayTimer.5 Provident then requested production of the 1998 DayTimer to date. Was the subject of other discovery interventions by the court. The district court found no violation by Provident and noted </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/031125.P.pdf">OPINION/ORDER</A><BR> The district court should have entered a preliminary injunction because he satisfied the test governing preliminary injunctions with regard to his claims that the challenged portion of Jouett's 2002 2003 dress code is both unconstitutionally overbroad and vague. I A Students at Jouett and their parents are provided each year with a student/parent handbook that is updated every summer. Who at the time was a twelve year old student in the sixth grade at Jouett. Sitting at a table on the opposite side of the cafeteria with his back towards her.1 Pitt's attention was drawn to Newsom by his purple t shirt. Over 500 students were enrolled in the sixth. She had the immediate impression that the figures were </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/00/09/006059P.pdf">OPINION/ORDER</A><BR> We have jurisdiction over this appeal from the final order of the bankruptcy court. A company where they were both employed. At the time NMS was formed. There was no formal contract or documentation setting forth the structure of NMS. Innovative Software Designs Inc. are equally owned by the following persons: James Bombardo Henry F. There is no evidence that ISD ever issued any stock to Kimmons. There are no other documents or corporate resolutions from any of the three subject corporations implementing the alleged equal ownership agreement between Kimmons. Inc. was not formally incorporated until January of 1995. 2 December 20. Only Kimmons and Camacho were left inside the original partnership. The IRS was pursuing collection efforts against him. Kimmons was experiencing marital problems. Kimmons' marriage was dissolved on December 12. Ceased doing business and was eventually dissolved by the Secretary of State on September 25. Kimmons was fired by Blue Cross. Criminal charges were filed against Kimmons which are still 3 Kimmons' 1998 tax return also fails to indicate any ownership interest in ISD. 3 pending. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/00/05/996079P.pdf">OPINION/ORDER</A><BR> We have jurisdiction over these appeals from the final orders of the bankruptcy court. Was an Air Force pilot and officer for many years. He was married to Sandra Vandiver. Finding that the original California divorce court had made a final adjudication with respect to Vandiver's claim and that Vandiver's suit was barred by res judicata. Holding that no adjudication of Vandiver's claim had occurred in the California divorce proceeding and that Vandiver's lawsuit was not barred by res judicata. The Arkansas Supreme Court held that the prior rulings by the Arkansas Court of Appeals were the law of the case and that the trial court erred in dismissing Vandiver's lawsuit and in failing to award Vandiver 37.28 percent of the Debtor's military pension benefits. The Debtor was in good financial shape. The only other significant debt the Debtor had was a home mortgage loan guaranteed by the Veteran's Administration. Shortly after the petition was filed. The automatic stay was lifted so that any remaining issues regarding the liquidation of Vandiver's claim could be resolved in state court. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/00/01/996070P.pdf">OPINION/ORDER</A><BR> Factual Background The Debtor and Barbara Guske were married on December 5. The parties were divorced by the Iowa District Court. Who were represented by the same attorney in the dissolution proceedings. The decree provided that neither party was to pay alimony to the other. The wording of the relevant provision was as follows: That Respondent [Billie F. Barbara Guske filed a Complaint to Determine Dischargeability wherein she asserted that the Debtor's debt to her pursuant to the dissolution decree was nondischargeable under 11 U.S.C. § 523(a)(15). Was nondischargeable under 11 U.S.C. § 523(a)(2)(A). Our review of its factual findings thereunder is under the clearly erroneous standard. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=06-3344.wpd">OPINION/ORDER</A><BR> The case is therefore ordered submitted without oral argument. Malicious abuse of power </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=05-6379.wpd">OPINION/ORDER</A><BR> Defendant was sentenced to ninety six months' imprisonment some eighteen months above the Sentencing Guideline recommendation and ordered to pay $80. Defendant's first payment obligation to Bridgeview was due January 1998. These dividends were Defendant's sole source of income. Bainbridge informed Defendant that the loan reversal was not possible. A title was issued on January 12. Those loan officers both stated that because the amount of the loan was within Defendant's lending authority. To put Defendant's initials on the paperwork to signify that Defendant was in fact the loan officer of record. This distribution was recorded on several official bank forms as well as a nonstandard memorandum created by Mr. Machala for the express purpose of detailing the loan proceed distribution </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=05-4195.wpd">OPINION/ORDER</A><BR> The case is therefore ordered submitted without oral argument. (1) This order and judgment is not binding precedent. We have jurisdiction to consider this appeal under 28 U.S.C. 1291. Blair's motion deciding that there was no subject matter jurisdiction because (1) Ms. Coleman's claims against them did not raise a federal question and there was no diversity of citizenship. Coleman continues to argue that she is entitled to half of the annuity. The judgment of the district court is AFFIRMED. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-2151.wpd">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=01-1053.wpd">OPINION/ORDER</A><BR> The mandate is issued forthwith. Gonzales alleged that plaintiffs' substantive and procedural due process rights were violated when defendant police officers failed to enforce a restraining order against her estranged husband. Gonzales was seeking enforcement of the order. The order was entered into the central registry of restraining orders. The order was served on Mr. Gonzales was excluded from the family home and was prohibited from molesting or disturbing the peace of Ms. Simon Gonzales abducted the three girls while they were playing outside their house. Gonzales discovered the children were gone. Officers Brink and Ruisi were sent to the Gonzales home. The Officers </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//feb95/93-4307.opa_fn.html">OPINION/ORDER</A><BR> This document was created from RTF source by rtftohtml version 2.7.5 ></head><body><a name= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="299"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/025R1.P.pdf">OPINION/ORDER</A><BR> The Petition for Rehearing is therefore denied. This court has invalidated Allen's sentence on nothing more than its unexplained speculation that some juror might have voted to sentence Allen differently had the jury not been instructed that it had to unanimously find the following inconsequential (if not affirmatively damaging) </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/CAE24519C7E1F1B388256B9D007A1284/$file/0130098.pdf?openelement">OPINION/ORDER</A><BR> The issue before the court is whether the extent of the district court's downward departure from the Guidelines on the assault charge was reasonable in light of the rationale given for the departure. This is the second time that Working's sentence has come before this court. The facts underlying Working's offense and conviction are set forth in detail in Working I and need not be repeated here. We focus only on the key events that have led to this appeal of Working's sentence. Working's adjusted offense level under the Sentencing Guidelines was calculated to be a level 29. Falling in Criminal History Category I was 87 to 108 months. Found that Working's behavior was aberrant and warranted a downward departure from the range in the Guidelines. Arguing that the downward departure for aberrant conduct was unjustified. This court concluded that the district court did not abuse its discretion in finding that Working's behavior was aberrant. 224 F.3d at 1102. Emotional and psychological pressures she was suffering under at the time. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1998/07/97-7119.htm">97-7119 -- RUSSELL V. YELLOW FREIGHT SYSTEM -- 07/22/1998<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> This case involves a dispute over the apportionment of attorney fees arising from the partial settlement of a wrongful death action. Or the next of kin if there is no surviving spouse. While defendant's motion to dismiss was pending. Of significant importance to the question before this court is the parties agreement that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/97/03/961541P.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//oct2001/99-13479.OPN.html">PUTMAN V. HEAD (10/9/2001, NO. 99-13479)<BR></A><BR> Circuit Judge: Appellant William Howard Putman was convicted of two counts of murder and sentenced to death for each count on September 17. ISSUES FOR REVIEW</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/11/00-6020.htm">00-6020 -- AL-MOSAWI V. GIBSON -- 11/29/2000<BR></A><BR> Although the precise motive is unclear. It appears the attacks were the culmination of petitioner's stormy relationships with Inaam and Mohammad. Oklahoma were the sponsor family. <p> Marital problems between Appellant and Inaam led Inaam. Who was pregnant at the time. Warden was called to the hospital at the insistence of a nurse. It is the mother's right to name her baby. <p> Officer Maule testified that she responded to a disturbance call at Deaconess Hospital in Oklahoma City. She was taken to Inaam's room where Mohammed and Fatima. Were present. Officer Maule testified that Inaam was in fear. Officer Maule then talked to security to determine a way to have Appellant leave the hospital. She suggested that they have the hospital secretary type up one of the little gift forms of a birth certificate with the name that Appellant demanded. Officer Maule was directed to a bench outside of the Emergency Room where Appellant was sitting. The permanent Victim Protection Order was granted on November 20. Inaam was present with Ms. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/July2003/022840u.pdf">OPINION/ORDER</A><BR> Amelvis Maria Rivera ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/03/03-2178.PDF">OPINION/ORDER</A><BR> The Service's functions relating to adjudication of immigrant visa petitions were transferred to the jurisdiction of the Director of the Bureau of Citizenship and Immi (continued...) 2 No. 03 2178 a decision revoking a previously approved visa petition. On the basis that El Khader's former marriage was a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/CC71EE7AF464C3B688256CAE0058359E/$file/0215189.pdf?openelement">OPINION/ORDER</A><BR> Circuit Judge: This case arises from the Maui County Council's denial of a conditional use permit that would have allowed plaintiffsappellees ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=95-1840.01A">OPINION/ORDER</A><BR> Was convicted of assault and battery on March 8. She was not released from the penitentiary until March 20. 1988 (while she was still incarcerated). The INS charged her inter alia with committing a crime involving moral turpitude (for which she was convicted and sentenced to a prison term of more than one year) within five years of her lawful entry into the United States. 8 U.S.C. 1251(a)(2).1 1The statute reads in pertinent part: Any alien who (I) is convicted of a crime involving moral turpitude committed within five years . . . after the date of entry. (II) either is sentenced to confinement or is confined therefor . . . for one year or longer. Is deportable. 2 Petitioner disputed this charge. While her appeal to the Board was pending. Since the charge under this provision is the only charge that INS pressed. It is the only charge that we discuss. 2The applicable statute reads in pertinent part: An alien who is the spouse of a citizen of the United States. Who is a person of good moral character. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//jan2002/00-16361.opn.html">ROWE V. CITY OF FORT LAUDERDALE(1/23/2002, NO. 00-16361)<BR></A><BR> Circuit Judge: </SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=96-1542.01A">OPINION/ORDER</A><BR> Ltd. was on brief. With whom Roy & Cook was on brief. We are summoned again to survey SELYA. (SJU).1 In our first visit to the war zone we determined that Cottrill was not a fiduciary within the contemplation of the Employee Retirement Income Security Act (ERISA). They are adequately stated in our earlier opinion. After pausing to elucidate 1The defendants in this case are SJU. Both prejudgment interest and attorneys' fees are available. We will disturb such rulings only if the record persuades us that the trial court </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/97/10/976028P.pdf">OPINION/ORDER</A><BR> Bankruptcy Judge This is an appeal from the bankruptcy court's determination that a debt incurred during the course of a marital dissolution proceeding was excepted from discharge under § 523(a)(5)1 of the 1 The bankruptcy court also made findings and conclusions with respect to dischargeability under § 523(a)(15). The Plaintiff conceded that Plaintiff was proceeding solely under § 523(a)(5). Order for judgment holding alternatively that the debt was excepted from discharge under § 523(a)(15). Was dissolved in Illinois state court. dissolution decree incorporates a Marital Settlement Agreement ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//apr98/96-3135.man.html">UNITED STATES V. STONE (4/22/1998, NO. 96-3135)<BR></A><BR> Senior District Judge.</P> <P> PER CURIAM:</P> <P><CENTER> Background</CENTER> </P> <P> All three defendants were charged in Count I of an eleven count indictment with conspiracy to possess with intent to distribute a controlled substance. Defendant Kelly Knight Stone ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/April2004/031805np.pdf">OPINION/ORDER</A><BR> The procedural history of this case and the details of appellant's claims are well known to the parties. Appellant filed a motion in the Bankruptcy Court to avoid the sale of a flea market which was owned by a corporation in which her husband had a forty nine percent share. Appellant filed a timely notice of appeal and we have jurisdiction under 28 U.S.C. § 158(d). 2 Our review of the District Court's and the Bankruptcy Court's legal conclusions is plenary. We need not reach the issue of whether the challenge to the sale is more properly brought in an adversary complaint rather than a motion because we agree with the District Court that the motion fails on the merits. The state court found that appellant was entitled to a fifty percent share of her husband's forty nine percent interest in the corporation which owned the flea market. Peluso is entitled to a share of plaintiff's interest in P&H Enterprises. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/97/12/971540P.pdf">OPINION/ORDER</A><BR> James Allen Kapitzke was apprehended after he exposed himself in front of a thirteen year old girl inside a department store. Courts focus on whether the factor is addressed by the Guidelines. If use of a certain factor is discouraged. Then departure is permissible </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=98-1253.01A">OPINION/ORDER</A><BR> Trundy was on brief for appellant. LLP was on brief for appellee. To indemnify Michele Mayes for any payments she is required to make to Chrysler. The balance of the case is a protracted. Effort by Jean Mayes to show that he is entitled to resist the collection of a debt owed by his wife. The facts are not unduly complicated. The </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=98-1563.01A">OPINION/ORDER</A><BR> Were on brief for appellant. Were on brief for appellee. Defendant appellant Kristen Gilbert was charged in a single count indictment with making a telephone bomb threat on September 26. Gilbert was found guilty by a jury and was sentenced to imprisonment for fifteen months and three years of supervised release. There are three issues for review: (1) Was there subject matter jurisdiction under the interstate commerce clause. (3) Was the evidence sufficient under the reasonable doubt standard to sustain the jury's finding of guilt. I We state the facts as they could have been found by the jury. James Perrault was a VAMC police officer who worked the 3:00 p.m. to 11:00 p.m. shift at the medical center. At the time Gilbert was married. An investigation was launched at the VAMC because of some suspicious occurrences at the hospital. Gilbert was one of the targets of the investigation. Many employees at the VAMC were interviewed and grand jury subpoenas were served on some employees. Gilbert was photographed and handwriting samples were taken from her. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/98/01/976059P.pdf">OPINION/ORDER</A><BR> Which he was awarded at the conclusion of their divorce proceedings. Marlyce's bankruptcy case was filed on July 19. The record before us does not indicate whether this mobile home is the same as that in Kenyon. This agreement was approved by the court and incorporated into its Judgment and Decree of Dissolution of Marriage ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/98/02/976100P.pdf">OPINION/ORDER</A><BR> The court directed Russell to list the property for sale and to make a motion for approval of the sale once a buyer was located. A buyer was subsequently obtained. A hearing was held to approve the sale and the sale was approved.4 However. The clear error test is met when the reviewing court is left with the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/98/03/972184U.pdf">OPINION/ORDER</A><BR> Zepecki argues that the bankruptcy court&s findings of fact and conclusions of law were so vague that they failed to comply with Fed. That the bankruptcy court&s findings of fact were clearly erroneous. P. 52(a) is without merit. We also conclude the bankruptcy court&s determination that Zepecki filed his bankruptcy petition in bad faith is not clearly erroneous. 221 (8th Cir. 1996) (affirming bankruptcy court&s finding of bad faith where it was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//apr99/97-5106.man.html">COMPAGNONI V. UNITED STATES (4/30/1999, NO. 97-5106)<BR></A><BR> The two were married in Pennsylvania. They were reconciled and began living together again (without remarrying). In 1991 Luciano and Jacqueline Compagnoni obtained another divorce.</P> <P> Luciano's relationship with the IRS was not much better than his relationship with Jacqueline: He had individual unpaid tax liabilities for the years 1986. The Dade County Circuit Court was in the process of dividing the Compagnonis' assets in their divorce proceedings. The issue was raised in a motion to dismiss filed by the Government approximately nineteen months after the commencement of the lawsuit.<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2001/02/00-8035.htm">00-8035 -- RIGLER V. FERGUSON -- 02/12/2001<BR></A><BR> Circuit Judges. <p> <hr align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/00opinions/00-3166.html">BETTY HUBBARD V. OPM<BR></A><BR> Argued for respondent.<span style= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//july96/94-6808.opa_fn.html">OPINION/ORDER</A><BR> This document was created from RTF source by rtftohtml version 2.7.5 ></head><body><a name= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2001/02/00-8040.htm">00-8040 -- BARTLETT V. GOODY -- 02/27/2001<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> In this diversity action. The district court determined that Bartlett's claims were barred by the applicable Wyoming statute of limitations. We have reviewed the entire record on appeal and conclude that the district court correctly decided this case under the applicable law. The judgment of the United States District Court for the <a name= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2001/03/99-9031.htm">99-9031 -- MCMORRIS V. COMMISSIONER OF INTERNAL REVENUE -- 03/20/2001<BR></A><BR> We reverse and remand with directions to vacate the deficiency assessment at issue here and to recalculate any remaining unrelated deficiencies owing. <p align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2001/08/00-2093.htm">00-2093 -- WOODWARD V. WILLIAMS -- 08/17/2001<BR></A><BR> Circuit Judge. <p> <hr align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19972319.OPN.pdf">OPINION/ORDER</A><BR> We must determine whether an attorney who provided no defense at the guilt or penalty phase was ineffective in defending a young drug dealer. Who was an alcohol and drug abuser. When relief was denied in district court. We VACATE the denial of habeas relief as to the death sentence and REMAND to the district court for an evidentiary hearing to determine if petitioner is entitled to habeas relief because of ineffective assistance of counsel at the sentencing phase. Who was unemployed but a drug dealer and For factual completeness to address the issues on appeal in our independent review. We include facts from affidavits and expert reports that were exhibits at the 3.850 proceeding but were not part of the record before the district court. It was evident that we needed to review them. The exhibits were filed as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19975106.MAN.pdf">OPINION/ORDER</A><BR> The two were married in Pennsylvania. They were reconciled and began living together again (without remarrying). Luciano's relationship with the IRS was not much better than his relationship with Jacqueline: He had individual unpaid tax liabilities for the years 1986. 000) was joint rather than individual. The Dade County Circuit Court was in the process of dividing the Compagnonis' assets in their divorce proceedings. The issue was raised in a motion to dismiss filed by the Government approximately Section 7426 provides a remedy for a person whose property is levied upon by the IRS for the purpose of satisfying another person's tax liability. The United States is generally immune from suit. It is subject to suit only insofar as it has waived its sovereign immunity. The court does not have subject matter jurisdiction over a suit against the United States that is barred by the statute of limitations. The statute of limitations for a wrongful levy action is nine months from the date on which the levy occurred. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/May1994/94a0703p.txt">OPINION/ORDER</A><BR> Regina's husband Rudolph was the sole titled owner of the premises and the sole named insured on a homeowner's insurance policy entered into with Nationwide. Which was still pending at the time of the fire. DiDonato replied that Nationwide was still in the process of investigating. That the fire was accidental. Nationwide's policy is not to talk to the Fire Marshal until its own investigation is complete. Two days after the suit was filed. Nationwide received a written report that determined that the origin of the fire was accidental. DiDonato testified that the ALE claim could have been paid immediately upon receipt of the fire report. He did not know why an advance payment was not made until July 17. 1991 would be cancelled if an advance payment on the ALE claim was not made as promised. No payment was made and the deposition was cancelled. Inasmuch as Nationwide was awaiting a reply on its $11. Regina was no longer interested in rebuilding the Polselli home. In accordance with its policy that an insured who permanently relocates is entitled to less money. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19975106.OPN.pdf">OPINION/ORDER</A><BR> The two were married in Pennsylvania. They were reconciled and began living together again (without remarrying). Luciano's relationship with the IRS was not much better than his relationship with Jacqueline: He had individual unpaid tax liabilities for the years 1986. 000) was joint rather than individual. The Dade County Circuit Court was in the process of dividing the Compagnonis' assets in their divorce proceedings. Section 7426 provides a remedy for a person whose property is levied upon by the IRS for the purpose of satisfying another person's tax liability. The United States is generally immune from suit. It is subject to suit only insofar as it has waived its sovereign immunity. The issue was raised in a motion to dismiss filed by the Government approximately nineteen months after the commencement of the lawsuit.4 Jacqueline. Argued that the Government's motion was untimely because a defense based on a statute of limitations is waived if not raised in the defendant's answer. The district court agreed that the Government should not have waited so long to file the motion. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2001/08/00-5201.htm">00-5201 -- MERRILL V. MERRILL -- 08/13/2001<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> Debtor defendant Stephen J. 158(d) and we affirm. <p> The debts in dispute are of two kinds: (1) funds debtor was ordered to pay to plaintiff in their state court divorce proceeding. Were not subject to discharge in bankruptcy because they constituted spousal support alimony. Which is not dischargeable. The bankruptcy court further held that the trust funds were also not subject to discharge. Debtor argues that the funds for alimony support he was ordered to pay to the plaintiff were not for plaintiff's support. Were for a property settlement. Which is dischargeable. He also claims the debt for the insurance policies is dischargeable because the policies were unnecessary. Even though the investment ultimately failed and the funds were lost. Debtor argues that he did not commit fraud or defalcation and the debt is dischargeable. <p> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19986878.MAN.pdf">OPINION/ORDER</A><BR> We have jurisdiction pursuant to 28 U.S.C. § 1291 to review the final judgment of the district court. Chavez was convicted of a Class B misdemeanor for a violation of 18 U.S.C. 113(a)(4). The district court denied Chavez's motion for a jury trial because the charged crime was a petty offense that carried a potential maximum six month term of imprisonment and maximum fine of $5. An argument ensued between them which was later revisited in Chavez's vehicle in the parking lot of the commissary. Slapped her in the 1 This section was formerly designated as § 113(d). Chavez for her injuries testified that they were consistent with either slapping or rubbing against hands or pants. Chavez's version of events is that he purchased a box of chicken for his grandchildren over Mrs. A divorce proceeding was pending in state court. Chavez was also required to attend a rehabilitation program for domestic violence offenders. He was prohibited from disbursing any funds from his portfolio or inheritance without court approval. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19986878.OPN.pdf">OPINION/ORDER</A><BR> We have jurisdiction pursuant to 28 U.S.C. § 1291 to review the final judgment of the district court. Chavez was convicted of a Class B misdemeanor for a violation of 18 U.S.C. 113(a)(4). The district court denied Chavez's motion for a jury trial because the charged crime was a petty offense that carried a potential maximum six month term of imprisonment and maximum fine of $5. An argument ensued between them which was later revisited in Chavez's vehicle in the parking lot of the commissary. Chavez for her injuries This section was formerly designated as § 113(d). See 18 U.S.C. § 113 (historical and statutory notes). 2 1 testified that they were consistent with either slapping or rubbing against hands or pants. Chavez's version of events is that he purchased a box of chicken for his grandchildren over Mrs. A divorce proceeding was pending in state court. Chavez was also required to attend a rehabilitation program for domestic violence offenders. He was prohibited from disbursing any funds from his portfolio or inheritance without court approval. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/199913479.OPN.pdf">OPINION/ORDER</A><BR> Circuit Judge: Appellant William Howard Putman was convicted of two counts of murder and sentenced to death for each count on September 17. I. ISSUES FOR REVIEW As this appeal was initiated after April 24. It is governed by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Are worthy of a COA. Whether Appellant's right to due process was denied by the prosecutor's alleged failure to disclose exculpatory material. Whether Appellant was denied effective assistance of counsel. Appellant's claims under this issue are based on Brady v. Appellant alleges the following items were material and withheld by the prosecution: (1) a portion of a summary of Appellant's interview with a state psychologist. While Appellant was incarcerated. Appellant's claims under this issue are based on Strickland v. Appellant argues (in 3 2 1 whether Appellant was denied effective assistance of counsel. Appellant has failed to make a substantial showing of a denial of a constitutional right and is not entitled to a COA.3 For the third issue. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/99/03/981962P.pdf">OPINION/ORDER</A><BR> HUD was assigned mortgage liens against the property. McNeill alleged the district court had </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/07-3090.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/06-7304.pdf">OPINION/ORDER</A><BR> Of counsel on the brief was Michael P. With her on the brief were Peter D. Of counsel on the brief were David J. Concluding that she was not </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200410137.pdf">OPINION/ORDER</A><BR> Was ineffective for both not discovering and not properly utilizing evidence that Michael suffered from Battered Spouse Syndrome ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/03/01/022887U.pdf">OPINION/ORDER</A><BR> Bittick alleged defendants conspired to wrongfully collect child support from his military pension in excess of what was provided for in his divorce decree. Bittick's complaint was proper because post deprivation remedies are available to remedy defendants' alleged collection of more monies than authorized by Mr. Bittick has not demonstrated that state law remedies are inadequate. 533 (1984) (unauthorized intentional deprivations of property by state employee does not constitute violation of procedural due process if meaningful post deprivation remedy is available). Plaintiffs must either avail themselves of remedy guaranteed by state law or demonstrate that available remedies are inadequate). Stat. § 454.505(3) (2000) (party may contest child support withholding by requesting hearing within 30 days after notice of withholding was mailed). </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200415685.pdf">OPINION/ORDER</A><BR> The district court granted a certificate of appealability on two issues: </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200510904.pdf">OPINION/ORDER</A><BR> Marquard argues primarily that his trial counsel was ineffective in various ways during the penalty phase of his trial. Murder of Stacey Willets Marquard was convicted of first degree murder and sentenced to death for the 1991 murder of his girlfriend. After Willets's remains were discovered by hunters in the woods. Marquard and codefendant Michael Abshire were arrested. Are as follows: John Marquard. During a stop in South Carolina Marquard told Abshire that he was going to kill her because he was tired of arguing with her. She was still breathing. Marquard was arrested and confessed. Marquard was convicted of first degree murder and armed robbery. Marquard contended that he was present for the murder of Stacey Willets. Testified that it was Marquard who planned to kill and ultimately did kill Willets. As follows: [STATE ATTORNEY]: Where is the first place that you stopped? [ABSHIRE]: We stopped at a . . . like a convenience store/gas station in South Carolina when the sea bags that were on the trunk fell off. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Jan1995/94a0943p.txt">OPINION/ORDER</A><BR> Who purchased or otherwise beneficially acquired securities that were incorrectly and misleadingly labelled or described as annuities from Mutual Benefit Life Insurance Company during the period August 14. Because all of these claims were essentially grounded in fraud. Because federal jurisdiction over one of the claims is exclusive and there is an independent basis for federal jurisdiction over the remaining claims. We hold that the district court erred when it concluded that there is an opportunity for timely and adequate state court review of Plaintiffs' federal securities claims. We will therefore reverse the district court's order dismissing Plaintiffs' case without prejudice and remand for further proceedings consistent with this opinion.[fn2] I. General Background Mutual Benefit was established in 1845. It was one of the country's largest life insurance companies. Until the late 1970's Mutual Benefit was a relatively conservative institution. These withdrawals were projected to reach $1 billion by the end of the year. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Feb2001/992037.txt">OPINION/ORDER</A><BR> This is the second time we have been asked to r esolve issues stemming from divorce and custody proceedings involving Peter and Pamela Hughes. 308 n. 1 (3d Cir . 1974) ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200511951.pdf">OPINION/ORDER</A><BR> Circuit Judge: This is an appeal by the trustee of the bankruptcy estate of Ricky Bracewell from an order of the district court excluding from the estate a payment Bracewell received under the Agricultural Assistance Act of 2003 for crop losses he had sustained. The appeal turns on the issue of whether a crop disaster payment is property of the debtor's estate under 11 U.S.C. § 541(a)(1) or (a)(6) if the losses occurred before the bankruptcy filing or conversion date but the legislation authorizing the payment came afterwards. The bankruptcy court ruled that the payments were property of the estate under § 541(a)(1) but not under (a)(6). The district court ruled that the payment was not property of the bankruptcy estate under either subsection of § 541. This is the trustee's appeal from that ruling. I. The facts have been stipulated throughout these proceedings. He was unable to repay the debts he had incurred to produce the crops. While Bracewell's bankruptcy petition was pending. The Emergency Farmer and Rancher Assistance Act of 2002 was introduced in the House of Representatives. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200513112.pdf">OPINION/ORDER</A><BR> Renee was five years old at the time of the murder and has given conflicting statements. Sullivan was convicted of the April 1989 murder of Michael Smith ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2001/10/00-1121.htm">00-1121 -- RAMEY V. REINERSTON -- 10/04/2001<BR></A><BR> As have other courts. That </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/02/09/013156P.pdf">OPINION/ORDER</A><BR> The Board of Immigration Appeals (BIA) concluded Moussa was an alien subject to removal and vacated the IJ's order. Moussa was born in Addis Ababa. His parents divorced when Moussa was five. When Moussa was twelve. While Moussa was in his legal custody. The Immigration and Nationality Act (INA) provided that a child born outside the United States acquired citizenship upon </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/oct2001/99-13479.OPN.html">PUTMAN V. HEAD (10/9/2001, NO. 99-13479)<BR></A><BR> Circuit Judge: Appellant William Howard Putman was convicted of two counts of murder and sentenced to death for each count on September 17. ISSUES FOR REVIEW</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/jan98/96-6211.man.html">HOLSOMBACK V. WHITE (1/26/1998, NO. 96-6211)<BR></A><BR> Holsomback was convicted of first degree sodomy by an Alabama state court and received a 25 year sentence. When he was four years old. The prosecutor had advised Holsomback's attorney prior to trial that there was no medical evidence of sexual abuse. (<EM>See</EM> R.1 7. Jeffrey was asked about several inconsistencies between his trial testimony and his prior testimony in a civil proceeding instituted by Holsomback to enforce visitation. A at 89 100).</P> <P> Holsomback's conviction was affirmed on direct appeal. His petition for certiorari to the Alabama Supreme Court was denied. (2) the trial court erred in not requiring the prosecutor to elect the particular incident of sodomy for which conviction was sought. (3) his sentence was based on uncharged allegations of sodomy and therefore violated Holsomback's right to due process. (5) the trial court's instructions as to </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/02/06/013628P.pdf">OPINION/ORDER</A><BR> The central issue in this case is whether Geraldine can be considered the widow of deceased wage earner Everett Leach The Honorable Henry L. Because the Commissioner's decision is supported by substantial evidence. While she was living with Leach. That Leach is Deborah's father and she used the name Smith on the birth certificate because she could not afford to pay the hospital bill. Geraldine alleges that it was her intent to marry Leach and that she and Leach held themselves out as husband and wife to both their family and friends. Geraldine's application was denied initially and on reconsideration by the state agency and the Social Security Administration. The Commissioner found that this event must have occurred in 1963 because in May 1963. The exact date of this event is irrelevant for our purposes. 22 administrative law judge denied Geraldine's claim. Reasoning that Geraldine could not be considered the widow of Leach by virtue of a valid common law marriage because she was unable to enter into such a marriage because of the legal impediment of two prior undissolved marriages. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA0LTQ5NTAtY3Zfb3BuLnBkZg==/04-4950-cv_opn.pdf">OPINION/ORDER</A><BR> That a) The District's censorship of Antonio's assignment was viewpoint neutral. B) the censorship was justified by legitimate pedagogical concerns. Those claims have been abandoned on appeal. 2 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 We now affirm the district court's determination that no Establishment Clause violation attended The District's actions. Are recounted in the light most favorable to the Pecks. THE POSTER ASSIGNMENT AND THE SCHOOL RESPONSE During the 1999 2000 school year Antonio was a kindergarten student at the Catherine McNamara Elementary School. Part of the kindergarten curriculum taught by Weichert was a two month environmental unit that. In an assignment in which students in the class were instructed to create a poster showing what they had learned about the environment. An annual event to which parents of the students were invited. We are writing to inform you about our environmental program that we will be presenting to the parents on June 11th. . . . We will plant a tree on the school grounds. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Aug1995/95a1124p.txt">OPINION/ORDER</A><BR> We have before us a petition filed by one parent against the other under the Hague Convention on the Civil Aspects of International Child Abduction. Concluding that the United States was Evan's </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/02/04/016096P.pdf">OPINION/ORDER</A><BR> Have been reported in several previous decisions related to Alexander's case. Alexander had acquired this property before the parties were married and he was the sole record title holder to that property. Because Alexander was having difficulty claiming a homestead exemption for the 875 Laurel property in his own case. Despite the fact that he was not living there when he filed his bankruptcy petition. We have twice affirmed the Bankruptcy Court's decisions denying Alexander's attempts to claim the homestead in his case. Alexander's appeal from the latest decision is currently pending before the Eighth Circuit Court of Appeals. Including filing an unlawful detainer action against Stephens and Alexander in the Ramsey County District Court. is questionable. That issue is not before us at this time and so we need not decide that issue here. The details of the dismissed Chapter 13 case are not pertinent here. 3 3 On or about August 31. Holding that Jensen Carter's attempts to obtain possession of the 875 Laurel property did not violate the discharge injunction in Stephens' bankruptcy case because Jensen Carter was not acting to collect. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/95opinions/95-3582.html">MATTSON V. DEPT. OF TREASURY<BR></A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/apr96/95-8313.opa.html">POWELL V. POWELL<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Powell v. Who is Secretary of the Navy. Contending that the FSPA is unconstitutional as applied to him. Holding that the FSPA is not unconstitutional as applied to him. That he was barred from bringing his action under principles of res judicata. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/02/01/011554P.pdf">OPINION/ORDER</A><BR> Zepecki and Kania were granted a decree of divorce on September 28. The bankruptcy court became aware that the proceeds from the sale of the Illinois property were transferred to Steven C.R. The court found that he was entitled to The Honorable James G. The court found that the funds Brown received were proceeds from property owned by Zepecki as an individual. Zepecki was attempting to perform a tax free exchange of property under § 1031 of the Internal Revenue Code. Wherein Brown was identified as the Escrow Holder. Zepecki was identified as the Exchanger and owner of the real estate. James Burch was identified as the Purchaser of the real estate. The bankruptcy court described the manner in which Brown allegedly received his attorney's fees as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/apr98/96-3135.man.html">UNITED STATES V. STONE (4/22/1998, NO. 96-3135)<BR></A><BR> Senior District Judge.</P> <P> PER CURIAM:</P> <P><CENTER> Background</CENTER> </P> <P> All three defendants were charged in Count I of an eleven count indictment with conspiracy to possess with intent to distribute a controlled substance. Defendant Kelly Knight Stone ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAzLTQwNzBfb3BuLnBkZg==/03-4070_opn.pdf">OPINION/ORDER</A><BR> To New York City and concluding that he had willfully misrepresented a material fact in his Petition to Remove the Conditions of Residence and that Monter was therefore removable. We have substituted Attorney General Alberto Gonzales for former Attorney General John Ashcroft as the respondent in this case. Several years after he was married and after he had been granted conditional permanent residency status. 1 which was approved without an interview. The Immigration and Naturalization Service was reconstituted as the Bureau of Immigration and Customs Enforcement [ </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-2929_012.pdf">OPINION/ORDER</A><BR> Eckstein was convicted of conspiracy to commit first degree homicide and solicitation to commit first degree homicide. He was sentenced to 40 years in prison on the conspiracy 1 The caption in this case has been amended to reflect that Eckstein's current custodian is Phil Kingston. Eckstein is now trying to convince us that the Wisconsin Court of Appeals was unreasonable in its determination that he did not receive constitutionally ineffective assistance of counsel. Because the Wisconsin Court of Appeals' decision was reasonable (maybe even inevitable). I Eckstein was convicted of conspiring to kill his wife. Even more unfortunate for Eckstein was the fact that both he and the police. Eckstein was arrested after the second taped meeting on September 3. His own tape of the two conversations was seized from his truck later that day. Graham was the key witness. Eckstein told Graham that he wanted his wife </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDA0LTU1MDRfc28ucGRm/04-5504_so.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDA0LTU1MDRfc28ucGRm/04-5504_so.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/06-3073.pdf">OPINION/ORDER</A><BR> This disposition is not citable as precedent. It is a public record. Hinojosa is the former spouse of Enrique Hinojosa ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/06/01-1512.htm">01-1512 -- FLEMING V. JEFFERSON COUNTY SCHOOL DISTRICT -- 06/27/2002<BR></A><BR> Holding that the District's guidelines governing a tile painting project at Columbine High School ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/994581.U.pdf">OPINION/ORDER</A><BR> Was a successful podiatrist in West Virginia and Ohio.1 During this time. That the ATV accident was caused by Suzuki's negligence and that. A mistrial was declared after videotapes were played at trial showing Donald executing mentally and physically demanding activities. 000 in attorDonald was born in October 1932. The second scheme involved a scheme to defraud various individuals and corporations out of the attorneys' fees ordered after the Suzuki trial and was charged in Counts Twelve through Fourteen. Donald and Thomas were also indicted on three counts (Counts Eighteen through Twenty) of various money laundering offenses. Donald was indicted on one count (Count Fifteen) of making a false claim for Social Security disability benefits in violation of 18 U.S.C. § 287. That the jury's verdict was against the weight of the evidence. Disagree with Donald's contentions that there is insufficient evidence to support his convictions on Counts Thirteen and Seventeen and that the district court erred when it refused to give his proposed diminished capacity instruction. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDA1LTI5NDgtYWdfc28ucGRm/05-2948-ag_so.pdf">OPINION/ORDER</A><BR> IJ A70 581 724 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT. Is autom atically sub stituted for former Secretary Thoma s Ridge as the respo ndent in this case. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 FOR PETITIONER: FOR RESPONDENT: Eric W. It is hereby ORDERED. DECREED that the petition for review is GRANTED. The decision of the BIA is VACATED. The case is REMANDED for further proceedings consistent with this decision. A motion to remand that does not simply articulate the remedy sought on appeal will be held to the substantive standards applicable either to a motion to reconsider or to reopen. Is devoid of any reasoning. That is to say. Was transferred here as a petition for review pursuan t to the REA L ID Act. Must establish that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/06/01-1512a.htm">01-1512A -- FLEMING V. JEFERSON COUNTY SCHOOL DISTRICT R-1 -- 06/27/2002<BR></A><BR> Circuit Judges. <p> <hr align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/992630.P.pdf">OPINION/ORDER</A><BR> 1 seeking the children's return on the ground that they were illegally abducted by Miller in violation of a valid Canadian custody order. A. The essential facts underlying this dispute are spelled out in the District Court Order. Miller is a citizen and resident of Canada. While Miller is a citizen and resident of the United States. The parties' Both the United States and Canada are signatories to the Hague Convention. 1 MILLER v. Was born in Canada in September 1990. Who was born in Canada in August 1995. They have since divorced. The children were habitually resident in Canada as of August 28. Miller filed her Hague Convention petition less than one year after the children were taken to the United States. The petition actually was filed on August 23. The court was correct. In finding that the action was commenced less than one year after the children's removal from Canada. 2 4 MILLER v. This case is complicated by a series of conflicting custody orders issued by courts in both New York State and Ontario. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/01/10/012333U.pdf">OPINION/ORDER</A><BR> One half of the payments made on the family home for a period when he and his ex wife were co1 The HONORABLE CAROLYN MILLER PARR. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-1277.wpd">OPINION/ORDER</A><BR> I. BACKGROUND The epic facts of this dispute are well known to the parties and are set forth in numerous court orders. We only briefly summarize them here. (1) This order and judgment is not binding precedent. The case is therefore ordered submitted without oral argument. <hr> In 1986. Ebel had </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/jan98/96-8844.man.html">UNITED STATES V. POPE (1/9/1998, NO. 96-8844)<BR></A><BR> Pope was sentenced to concurrent terms of eighty seven months of imprisonment. We conclude that Kelly's contentions are without merit. Clifford Kelly Pope (Pope) was married to Phyllis Pope (Phyllis). The couple obtained a Mustang Ranger Pickup that was secured by a loan with First Liberty Bank. Although Phyllis did not have the car at the time. Who was parked at the other end of the lot. Who was assisting Williamson. Pope was indicted for possession of an unregistered firearm. In addition to several other offenses which are not relevant here. The Government argued that the court was required to sentence Pope under the Armed Career Criminal Act. Who is convicted of illegally possessing a firearm. Thinking that it was not bound by the ACCA. THE COURT'S EXCLUSION OF PHYLLIS' PREVIOUS CONVICTION</P> <P> Pope's first contention is that the district court erred in not permitting him to question Phyllis Pope about her 1968 burglary conviction. Which was twenty eight years old at the time of this trial. When a conviction is more than ten years old. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/06/01-2072.htm">01-2072 -- WELLS V. DINKINS -- 06/14/2002<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> This appeal is taken from the district court's judgment dismissing plaintiffs' action for (1) failure to comply with the court's order to file an amended complaint. Failure to state a claim against any defendant who or which might have submitted to the court's jurisdiction by filing an answer to the complaint. We have jurisdiction under 28 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDAzLTAwMjQtcHJfc28ucGRm/03-0024-pr_so.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/991675.U.pdf">OPINION/ORDER</A><BR> No. 99 1675 Unpublished opinions are not binding precedent in this circuit. 1 contends that the evidence was insufficient to justify a verdict for Prezioso and that the district court erred in awarding punitive damages against Thomas' estate because South Carolina law does not allow for an award of punitive damages against a deceased tortfeasor's estate. The evidence was as follows. He was embarrassed. Greatly concerned about who else might have received copies of the photographs of his fiancee. Prezioso received another 1 This appeal is being pursued by Thomas' estate. The two were married in August 1995.2 The effects of Thomas' conduct lingered. Their marriage was a volatile one. At the time of trial they were separated. His motion was granted. The action subsequently was removed to United States District Court. Maintaining that the evidence was insufficient to warrant a verdict in favor of Prezioso. Which states in relevant part that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/991615.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. She made appearances on national television programs and was featured in articles appearing in national newspapers and magazines. McSweegan's contact with the Forschners began when he was appointed as program officer for the Lyme disease program at the 1 See Ferrell v. 250 (Ky. 1945) ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDAzLTQwOTYxX3NvLnBkZg==/03-40961_so.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/2DAA99FE3A12E29D88256BA5007081A2/$file/0010163.pdf?openelement">OPINION/ORDER</A><BR> The district court's jurisdiction was grounded upon 18 U.S.C. § 1958(a). Murillo was convicted of both the conspiracy count and the participation count. Other alleged errors were briefed and argued. The three hired hands were to help MacGuigan find a job and obtain a divorce attorney. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/991112.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. A final decree of divorce was entered by the Circuit Court of Monongalia County. Who was a member of the West Virginia Cabinet. Chafin alleged these rights were violated by both the refusals of Justices Workman and Starcher to recuse themselves and the failure of the West Virginia Supreme Court of Appeals to have an objective system for disqualifying the Justices of that Court. Because Chafin is requesting a United States District Court to sit in appellate review of a state court decision. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/033338np.pdf">OPINION/ORDER</A><BR> Because the IJ's decision was supported by substantial evidence. We will deny the petition for review. Mann and her son are natives and citizens of India. Mann is educated. The IJ also found that Mann believed she was held overnight by the local police after she 2 reported the alleged murder to them because they were bribed by her influential in laws. Mann's mother in law allegedly came close to setting Mann on fire in her kitchen and was prevented from doing so only due to neighbors' intervention. The Attorney General </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/984628.P.pdf">OPINION/ORDER</A><BR> Line 2 the reference to </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-4097.wpd">OPINION/ORDER</A><BR> We have jurisdiction pursuant to 28 U.S.C. 1291. The group insurance was sponsored by her employer. Thus review is de novo. All well pleaded allegations in the complaint are accepted as true and construed in the light most favorable to the plaintiff. The only issue is whether ERISA's limitation of remedies to </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/033709np.pdf">OPINION/ORDER</A><BR> We will not restate the evidence below. Held that the payments were alimony and therefore non dischargeable under 11 U.S.C. §523(a)(5)(B). Dickson argues that the payments were not in the nature of alimony. Dickson was given the opportunity to have the case reheard by Judge Thomas. There is no basis for giving the findings of the Bankruptcy Court less deference merely because. The case was decided on the record. The question of whether Dickson's obligation to make monthly payments to Tindall is properly characterized as alimony depends on whether the parties intended to arrange for Tindall's support or intended a property settlement unrelated to support. Dickson argues that this language was used solely because alimony payments are tax deductible and that both parties actually intended for the payments to be a division of marital property. Which indicates that this division was only a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//feb2000/98-6878.man.html">UNITED STATES V. CHAVEZ (2/29/2000, NO. 98-6878)<BR></A><BR> We have jurisdiction pursuant to 28 U.S.C. § 1291 to review the final judgment of the district court. Chavez was convicted of a Class B misdemeanor for a violation of 18 U.S.C. 113(a)(4). The district court denied Chavez's motion for a jury trial because the charged crime was a petty offense that carried a potential maximum six month term of imprisonment and maximum fine of $5. An argument ensued between them which was later revisited in Chavez's vehicle in the parking lot of the commissary. Chavez for her injuries testified that they were consistent with either slapping or rubbing against hands or pants.</P> <P> Chavez's version of events is that he purchased a box of chicken for his grandchildren over Mrs. A divorce proceeding was pending in state court.</P> <P> At trial before the district court. Chavez was also required to attend a rehabilitation program for domestic violence offenders. He was prohibited from disbursing any funds from his portfolio or inheritance without court approval.</P> <P> Chavez filed a motion to appoint his brother as attorney in fact to act in his stead during court proceedings in Puerto Rico. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/041753np.pdf">OPINION/ORDER</A><BR> The District Court granted Appellee's motion for summary judgment on all claims raised against her individually and as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/apr99/97-5106.man.html">COMPAGNONI V. UNITED STATES (4/30/1999, NO. 97-5106)<BR></A><BR> The two were married in Pennsylvania. They were reconciled and began living together again (without remarrying). In 1991 Luciano and Jacqueline Compagnoni obtained another divorce.</P> <P> Luciano's relationship with the IRS was not much better than his relationship with Jacqueline: He had individual unpaid tax liabilities for the years 1986. The Dade County Circuit Court was in the process of dividing the Compagnonis' assets in their divorce proceedings. The issue was raised in a motion to dismiss filed by the Government approximately nineteen months after the commencement of the lawsuit.<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/043228p.pdf">OPINION/ORDER</A><BR> This is an appeal from the denial of a petition for the return of a child to Australia under the Hague Convention on the Civil Aspects of International Child Abduction. The principal issue is whether the District Court correctly held the petitioner consented to the removal or retention of the child under article 13(a) of the Hague 2 Convention. We will reverse and remand. The factual background is straightforward. Baxter and Torin have since been living in the home of Mr. Baxter was born in Selbyville and has dual U.S. and Australian citizenship. 3 1 Before September 2003. Torin and his parents lived together as a family in Australia.2 Their lifestyle was itinerant. The Baxters' last home together was on Bathurst Island. Their stay there was short and troubled. The community was beset with problems. The couple eventually decided the environment was unsuitable for their child. The parties dispute whether the purpose of the trip to Delaware was to relocate definitively in the United States or to visit relatives for a time while giving the family an opportunity to plot a new course. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/043807np.pdf">OPINION/ORDER</A><BR> Is in the nature of maintenance or support. Is therefore not dischargeable pursuant to 11 U.S.C. § 523(a)(5). We will affirm.1 I. Unless such liability is actually in the nature of alimony. Or support from property that is not part of the estate.' </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/01/06/001882P.pdf">OPINION/ORDER</A><BR> When two taxpayers claim a tax benefit to which only one is entitled. Before final judgment was entered in Linda's favor. Concluding that the Commissioner's litigation position was substantially justified. The earned income credit ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/051519p.pdf">OPINION/ORDER</A><BR> We are presented here with a casebook ready fact pattern implicating an area of Fourth Amendment law that has long been a source of confusion. How the exclusionary rule applies in cases in which evidence obtained during an illegal traffic stop is introduced against a passenger with no possessory interest in the vehicle. We hold that when a vehicle is illegally stopped by the police. No evidence found during the stop may be used by the 2 government against any occupant of the vehicle unless the government can show that the taint of the illegal stop was purged. We join all of our sister circuits that have directly faced this issue. We will canvass that caselaw. While they were at the club. Told Mosley that he was leaving the club to go meet her. A dancer at the club who was accompanying Hayes. The source of the information relayed in the radio call is not reflected in the record. As it was pulling away from the nightclub. Hayes and Mosley were arrested and charged with gun possession. The officers did not observe Hayes committing any traffic violation that would have justified the stop under Whren v. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/981423.P.pdf">OPINION/ORDER</A><BR> Tamimi (Sharon) were married on May 19. Abdulaziz is an employee of Saudi. Sharon was awarded custody of the two minor children and child support in the amount of $448 per month. While Sharon's divorce case was pending in the Circuit Court for Stafford County. Abdulaziz was arrested in Virginia for the criminal charge of non payment of child support to Sharon. Bail was set for $21. The case was continued until February 8. Abdulaziz was released on his own recognizance on the conditions that he remain in the United States. Saudi further pledged to </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/981214.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. The notice also stated that if EACC was to contest the initial finding: [EACC] must file a controversion (CM 970) with this office within thirty days of the date of this notice. The record will remain open for an additional period of 30 days unless extended for good cause by the Deputy Commissioner. You will be deemed to have accepted the initial finding. This failure shall be 2 considered a waiver of your right to contest this claim unless good cause is shown to excuse such failure (CFR 725.413). It noted that Duelley was recently divorced and the notice would be amended to reflect the status of the divorced spouse once the DOL received a copy of the divorce decree. It submitted some medical evidence and requested a thirtyday extension to have Duelley examined. You are deemed to have accepted those findings. Such failure is considered a waiver of your right to contest the claim unless it is excused for good cause shown. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/ea50059bc5df2783882569520074e699/2daa99fe3a12e29d88256ba5007081a2/$FILE/0010163.pdf">OPINION/ORDER</A><BR> The district court's jurisdiction was grounded upon 18 U.S.C. § 1958(a). Murillo was convicted of both the conspiracy count and the participation count. Other alleged errors were briefed and argued. The three hired hands were to help MacGuigan find a job and obtain a divorce attorney. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2003/04/02-2182.htm">02-2182 -- MARTINEZ V. MARTINEZ -- 04/21/2003<BR></A><BR> The cases are therefore ordered submitted without oral argument. <p> These appeals stem from the district court's dismissal. This court vacates the order and the case is remanded to the district court with instructions to dismiss those claims without prejudice. <p> <center><strong>I. Counsel replied: <p> I believe there is. I think my client is no longer within the state. It's something that I have not explored. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/974763.P.pdf">OPINION/ORDER</A><BR> DeTemple's case was assigned to Judge Stamp. DeTemple moved to recuse Judge Stamp on the grounds that Judge Stamp was disqualified because of the Judge's communications with the magistrate judge. Tennant renewed his motion to withdraw and stated that he was unprepared to defend DeTemple. Recusal is governed by 28 U.S.C.§ 455. Was named as one of the unsecured creditors in DeTemple's personal bankruptcy. Contractors Supply would have been one of its victims. Are the individual creditors </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/974433.U.pdf">OPINION/ORDER</A><BR> No. 97 4433 Unpublished opinions are not binding precedent in this circuit. Who was in the car. Berrow pled guilty to assault and weapons charges in state court and was sentenced to eight years imprisonment. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/5AE5A5799B8FBD07882569ED0062980C/$file/0050079.pdf?openelement">OPINION/ORDER</A><BR> We have jurisdiction pursuant to 28 U.S.C. § 1291. DISCUSSION I Background Lakatos was married to Deborah Peters ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="ftp://opinions.ca5.uscourts.gov/unpub/02/02-40895.0.wpd.pdf">OPINION/ORDER</A><BR> Was her employer. Robinson and Bryant became acrimonious when Robinson came to believe that Bryant was having an affair with Weathers. The court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. 2 1 temporary restraining order. Interspersed with these events were complaints by Robinson to the Disciplinary Counsel of the Texas Bar Association regarding various incidents of alleged misconduct by Weathers and other attorneys. Disciplinary None of the complaints resulted in a finding by the Counsel that misconduct had occurred or that discipline was appropriate. Before the state court appeal was resolved. Robinson alleged that he intended to sue for malicious prosecution and civil rights conspiracy but was unable to file suit until the state appeal terminated in his favor. The district court determined that Rule 27 relief was not appropriate and denied the petition. We will discuss the two cases consolidated for this appeal 3 separately. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/95opinions/95-5022.html">BRANCH V. U.S.<BR></A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2003/10/02-1452.htm">02-1452 -- NATIONAL CHIROPRACTIC MUTUAL INSURANCE CO. V. KANCILIA -- 10/03/2003<BR></A><BR> Circuit Judges. <p> <hr align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/972220.U.pdf">OPINION/ORDER</A><BR> No. 97 2220 Unpublished opinions are not binding precedent in this circuit. Allegedly on the basis of Ferry's continued agreement during the pendency of the bankruptcy proceedings and even after the Order for Relief was entered. Both actions were ultimately dismissed. 2 Credit Obligation and several letters sent by Hirschkop to Ferry and Robert Mayer. Ferry was subsequently granted a discharge on November 19. The Order of Discharge reads: </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/061122np.pdf">OPINION/ORDER</A><BR> Curvan Wayne Gilkes (the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/062484p.pdf">OPINION/ORDER</A><BR> Contending that the sentence was unreasonably low. We will vacate the sentence and remand for resentencing consistent with this opinion. I. Background Dmitri Kononchuk is a permanent resident alien. Dolgosheev did not know that the software was counterfeit. When he discovered that it was. Kononchuk and Dolgosheev together 3 are responsible to Microsoft for this loss.1 Law enforcement officials first questioned Dolgosheev on July 17. He was cooperative from the start. He was charged by information with four counts: (1) conspiracy to engage in trademark counterfeiting and copyright infringement under 18 U.S.C. § 371. Dolgosheev was a minor when the criminal activity began and fell under the influence of Kononchuk. This was the amount to which the parties stipulated for sentencing purposes. 4 1 five years probation and ordered him to pay $265. Was the retiring CEO of two Fortune 500 companies. Containing the same four counts that were brought against Dolgosheev. His total offense level was 15. Kononchuk's advisory Guidelines range was 18 to 24 months of imprisonment. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2003/11/02-3418.htm">02-3418 -- U.S. V. CLINE -- 11/21/2003<BR></A><BR> Cline was convicted following a seven week jury trial on the following counts: conspiracy to manufacture more than one kilogram of methamphetamine. He was sentenced to 360 months imprisonment and five years of supervised release. Were denied. For a new trial was denied. No criminal charges were ever filed. <p> Federal authorities briefly investigated Cline again in 1997 after arresting Anthony Fracasso. Again were unable to develop sufficient evidence to file charges against Cline. One focus of the investigation was a motorcycle store. Agents suspected that Biker's Dream was the source of large quantities of pseudoephedrine. They further suspected that Shane Wright was a methamphetamine cook and dealer and that Wright and Cline were associated in a methamphetamine production and distribution ring.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/6A1B530D534423F488256FE7005C1750/$file/0330010.pdf?openelement">OPINION/ORDER</A><BR> Was convicted of conspiracy to distribute and possession with intent to distribute methamphetamine. The jury also rendered a special verdict that several properties were used to facilitate his crimes or were proceeds of them and should be forfeited to the government pursuant to 21 U.S.C. § 853. We must decide whether forfeiture was proper where Victor has never held title to the two forfeited properties. Operates in rem against the property itself on the theory that the property itself is guilty of wrongdoing. 1414 n.8 (9th Cir. 1996) ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/6F16E3298381820588256E5A00707A42/$file/0050079.pdf?openelement">OPINION/ORDER</A><BR> We have jurisdiction pursuant to 28 U.S.C. § 1291. DISCUSSION I Background Lakatos was married to Deborah Peters ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/01/03/001513U.pdf">OPINION/ORDER</A><BR> Challenging the district court's refusal to grant his motion to depart downward based on the effect his incarceration would have on his two minor children. He was highly involved in their lives. We have </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2003/12/02-9009.htm">02-9009 -- JONSON V. COMMISSIONER OF INTERNAL REVENUE -- 12/30/2003<BR></A><BR> Relief from the joint and several liability that generally follows from filing a joint income tax return may be available to a spouse who is no longer married to or is legally separated from the culpable spouse. Barbara was happily married to David Jonson at the time of her death. Claiming that Barbara was no longer married to David and had not been living with him for the year prior to the election. We agree with the Tax Court that the Estate is not entitled to relief under </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/962099.U.pdf">OPINION/ORDER</A><BR> No. 96 2099 Unpublished opinions are not binding precedent in this circuit. Were based on a percentage of sales commissions paid to agents and brokers). Dresser assigned and transferred his 300 shares of ULA/MD stock to 1 There is a dispute. Dresser led him to believe that he (Dresser) actually owned substantially more stock in ULA/DC than he did and that Backus purchased the additional 300 shares of stock in January 1987 based on his (false) assumption that the purchase was necessary to make Backus an equal owner with Dresser. Backus was fully aware of exactly how much stock each of them held before and after the sale of Dresser's 300 shares. 2 Marie Arient. The court's order was based on Dresser's allegation that he had not transferred the stock to Arient. At the time the underlying action was filed. Arient's motion for relief from the default judgment was pending in the Arizona state court.2 ULA/MD was dissolved in April 1992. The district court found that Dresser was barred from any relief under the doctrine of </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/04a0113n-06.pdf">OPINION/ORDER</A><BR> Were convicted in a month long jury trial that featured a charge of conspiracy involving the growing and harvesting of marijuana plants in the states of Indiana and Michigan over a lengthy period of time. Sitting by designation. * Case No. 01 2395/2398/2664/02 1450 Marcus Robinson was sentenced to a term of 130 months and Dennis Miles was sentenced to a term of 121 months. The testimony presented by the government was broken into four separate phases. Her testimony was supported by James Steffen who described his many purchases of marijuana from co conspirator Ralph Kough. The farm was used in the summer of 1995 for the growing and harvesting of massive amounts of 2 Case No. 01 2395/2398/2664/02 1450 marijuana. Called the local Sheriff's office and reported that he noticed unattended horses had escaped from their pasture on the Argyle Road farm and were on the road. 900 plants that the record suggested was consistent with the marijuana stalks that were found in the corn the officers discovered still standing. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/july96/94-6808.opa_fn.html">OPINION/ORDER</A><BR> This document was created from RTF source by rtftohtml version 2.7.5 ></head><body><a name= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="ftp://opinions.ca5.uscourts.gov/unpub/03/03-40529.0.wpd.pdf">OPINION/ORDER</A><BR> Because Manor's alleged deprivation of constitutional rights arose solely from the state court divorce and child custody proceeding and was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/04a0149p-06.pdf">OPINION/ORDER</A><BR> Is prohibited by statute from considering the naturalization application of any person against whom there is pending a proceeding for removal from this country. The relevant portion of which is set forth in the margin.1 The question presented in the case at bar is whether § 1429 likewise prohibits a United States district court from exercising jurisdiction to review an administrative denial of a naturalization application once a removal proceeding has been instituted against the applicant. Our answer a heavily qualified </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/8283F095CF9990AD88256CD8005C4BEC/$file/0117246.pdf?openelement">OPINION/ORDER</A><BR> Broam and Manning alleged that they were entitled to special and punitive damages pursuant to 42 U.S.C. § 1983 because Robert Bogan and Charles Ingram. (2) Bogan was protected from liability under the doctrine of absolute immunity. (3) Bogan and Ingram were entitled to qualified immunity regarding the remaining claims. Order reads as follows: </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="ftp://opinions.ca5.uscourts.gov/unpub/03/03-40088.0.wpd.pdf">OPINION/ORDER</A><BR> The Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. Which she contends is invalid and fraudulent. We have reviewed the record and the briefs. That the magistrate judge abused her discretion by not transferring the case to </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/83C04946336FE37788256F9D00837D0C/$file/0315598.pdf?openelement">OPINION/ORDER</A><BR> Circuit Judge: The Placer County Air Pollution Control District ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/dec94/93-9429.opa.html">UNITED STATES V. MADUNO<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>United States v. Obtain naturalization and citizenship for himself to which he was not entitled. Maduno and Okeke were married in April 1984. This home was student housing at the University of Mississippi. Where Maduno was a student. She testified at Maduno's trial that she had no intentions of reconciling her marriage with him and believed that the marriage was no longer continuing. There was no divorce decree entered. The petition was rejected because she was unable to locate Maduno after he left the University of Mississippi. His roommates at Parktown North were three males named Chukwndi Maduno. Maduno indicated that he was married. Her first contact with him was a telephone conversation in 1989. This application was based upon his marriage to Okeke. Maduno indicated that he was married to Okeke and they resided at 1418 North Cliff Valley Way in Atlanta. The examiner would question applicants if different addresses were shown for the spouses. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/95opinions/95-5137.html">BLACK V. SHHS<BR></A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//dec94/93-9429.opa.html">UNITED STATES V. MADUNO<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>United States v. Obtain naturalization and citizenship for himself to which he was not entitled. Maduno and Okeke were married in April 1984. This home was student housing at the University of Mississippi. Where Maduno was a student. She testified at Maduno's trial that she had no intentions of reconciling her marriage with him and believed that the marriage was no longer continuing. There was no divorce decree entered. The petition was rejected because she was unable to locate Maduno after he left the University of Mississippi. His roommates at Parktown North were three males named Chukwndi Maduno. Maduno indicated that he was married. Her first contact with him was a telephone conversation in 1989. This application was based upon his marriage to Okeke. Maduno indicated that he was married to Okeke and they resided at 1418 North Cliff Valley Way in Atlanta. The examiner would question applicants if different addresses were shown for the spouses. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/031668.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. I. Grace and Preston Rutledge are former spouses. Rutledge's purpose in making the false allegations was to punish Mr. Because she was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/04a0398p-06.pdf">OPINION/ORDER</A><BR> Received his Bachelor's degree in education in 1997 and was subsequently certified to teach elementary education. Barrett was scheduled to be interviewed for a full time teaching position with Steubenville City Schools. From the time that he was in kindergarten. Barrett was interviewed by Steubenville City Schools administrators. A teacher who had not substituted with Steubenville City Schools was hired. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/0315.P.pdf">OPINION/ORDER</A><BR> Line 16 the word </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="ftp://opinions.ca5.uscourts.gov/unpub/03/03-10543.0.wpd.pdf">OPINION/ORDER</A><BR> The court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. Finding that Larrew's RICO claim was inextricably intertwined with his claim alleging that his divorce decree was invalid. Larrew's motion for disqualification of the judges of this court based on their alleged membership in the ABA is DENIED. 460 U.S. 462 (1983). ** No. 03 10543 3district court dismissing Larrew's RICO action is AFFIRMED. The SBT is directed to file a verified bill of costs and an affidavit of reasonable expenses with the Clerk of Court within 14 days after entry of judgment. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/89DFDF5DEAB8CEB988256E8A0074327E/$file/0236018.pdf?openelement">OPINION/ORDER</A><BR> Lashinsky is substituted for her predecessor. The issue we decide is whether Taub engaged in the unauthorized practice of law by interpreting the terms </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="ftp://opinions.ca5.uscourts.gov/unpub/02/02-30286.0.wpd.pdf">OPINION/ORDER</A><BR> The court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. Jerry Doyle attempted to hide from Schultz community assets that were subject to a property settlement by. It was at this time that the Doyles received notice of the March 9 Order enforcing the Texas judgment in Louisiana. Who was also unaware of the March 9 Order prior to seizure. Finding that the Court of Appeal's result was correct.6 The Doyles filed suit against Schultz. Jr. ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/025A.P.pdf">OPINION/ORDER</A><BR> Announcing the judgment of the court: Timothy Lanier Allen was convicted of first degree murder in a North Carolina court and sentenced to death. Allen contends (1) that the short form indictment used by the State was unconstitutional. Jail records that indicated Allen was receiving daily doses of anti withdrawal medication. Was in fact not harmless error. Were violated during jury selection in his State trial and that a Batson hearing should be held. The North Carolina Supreme Court held that the North Carolina trial court's instructions on unanimity given to the jury during the sentencing phase was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0254p-06.pdf">OPINION/ORDER</A><BR> Is the beneficiary of that plan. Was an employee of the company and a plan participant until his death in 1995. Who were also parties to the action below. He was married to Brenda Fuston Petry Bryant ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/024844.P.pdf">OPINION/ORDER</A><BR> She was held to her end of the bargain. While the Government was free not to perform its end of the bargain. The facts are taken from Holbrook's Presentence Investigation Report (PSR). He had told several individuals that he was removing Holbrook as a beneficiary of his government benefits and life insurance policies. Because Holbrook committed this prior offense when her name was Agnes Bernice Phillips. Holbrook determined that the gun was in need of repairs and had a friend return it to the dealer. Wuderman was not a licensed firearms dealer. HOLBROOK of the shooting remain somewhat a mystery because Holbrook was the only witness to the shooting. Are undisputed. He had told someone that he was going to pick up his kids to go play ball. Although it is unclear from the evidence why Larry drove to Holbrook's residence on March 24. Their investigation found that Larry Holbrook had no gunpowder residue on his hands and his fingerprints were not found on the weapon. Larry must have found in its hiding place behind her dresser mirror. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0385p-06.pdf">OPINION/ORDER</A><BR> Plaintiff's complaint was brought under 42 U.S.C. § 1983. Plaintiff claimed that Defendants wrongfully terminated her at will employment with the county because of her intimate association with one Steve Milam. Defendants responded that Plaintiff's relationship was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/feb2000/98-6878.man.html">UNITED STATES V. CHAVEZ (2/29/2000, NO. 98-6878)<BR></A><BR> We have jurisdiction pursuant to 28 U.S.C. § 1291 to review the final judgment of the district court. Chavez was convicted of a Class B misdemeanor for a violation of 18 U.S.C. 113(a)(4). The district court denied Chavez's motion for a jury trial because the charged crime was a petty offense that carried a potential maximum six month term of imprisonment and maximum fine of $5. An argument ensued between them which was later revisited in Chavez's vehicle in the parking lot of the commissary. Chavez for her injuries testified that they were consistent with either slapping or rubbing against hands or pants.</P> <P> Chavez's version of events is that he purchased a box of chicken for his grandchildren over Mrs. A divorce proceeding was pending in state court.</P> <P> At trial before the district court. Chavez was also required to attend a rehabilitation program for domestic violence offenders. He was prohibited from disbursing any funds from his portfolio or inheritance without court approval.</P> <P> Chavez filed a motion to appoint his brother as attorney in fact to act in his stead during court proceedings in Puerto Rico. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/8FF00A2174992DCF88256B3E00003338/$file/0035528.pdf?openelement">OPINION/ORDER</A><BR> The question we now consider is whether Jacqueline's efforts with respect to her dissolution proceedings should have been excepted from the automatic stay under 11 U.S.C. § 362(b)(2)(A)(ii). BACKGROUND Underlying this bankruptcy appeal is a marriage gone awry. Jacqueline and Christopher Allen were married for seventeen 558 years before their divorce in December 1998. Jacqueline was employed as Christopher's bookkeeper and office manager. Jacqueline was awarded spousal support of $4500 per month plus 35% of Christopher's earnings over $156. Jacqueline also received certain marital assets that are not at issue here. Jacqueline was proceeding with both the personal injury case and the dissolution appeal when. The remaining issues are addressed in a separately filed memorandum disposition. 1 Under § 157(b)(5). The request does not appear to have been filed in the California court. Her counsel characterized the pleadings as the foundation of her request for relief and represented that they had not actually been filed in violation of the automatic stay. 560 DISCUSSION Two bankruptcy provisions relating to stays are at issue. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/96opinions/96-5009.html">SHEWFELT V. U.S.<BR></A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/021266A.P.pdf">OPINION/ORDER</A><BR> Final line of text the word </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0789n-06.pdf">OPINION/ORDER</A><BR> We vacate the court's ruling that the refund was Crane's sole The Honorable Milton I. I Sarah Crane and Angus MacPhail were married in 1983. The couple's 1996 tax liability was determined by December 31. $87.00 was attributable to MacPhail alone. Crane and MacPhail's joint income taxes were paid in full by Stanbery. Because it was Stanbery's practice to make the following year's estimated first quarterly payment when filing for a due date extension. 000 check was drawn on Stanbery. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0982n-06.pdf">OPINION/ORDER</A><BR> A sentence which was imposed prior to the Supreme Court's decision in United States v. Sitting by designation. * constitutes plain error because the Guidelines were then mandatory. Even if the sentencing court had known the Guidelines were advisory. It would have sentenced the defendant to the same (or a longer) term of imprisonment. The issue raised by Rowe on appeal will. We will now turn our attention to that issue. That this court's opinion on the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/A32D0DBFC890578788257042008169C7/$file/0415477.pdf?openelement">OPINION/ORDER</A><BR> Circuit Judge: Mary Doe1 challenges the State of California's jurisdiction Pseudonyms are used to identify the mother. Who was domiciled on the Elem Indian Colony reservation at the time she was removed from Mary Doe's custody by the Lake County Department of Social Services. Which was passed in 1978 to ensure the tribes a role in adjudicating child custody proceedings involving Indian children. Codified at 25 U.S.C. §§ 1901 1963.2 ICWA provides that tribes will have exclusive jurisdiction over child custody proceedings involving Indian children domiciled or residing on the reservation </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0044p-06.pdf">OPINION/ORDER</A><BR> We hold that we have jurisdiction to review all Petitioner's claims except his request for voluntary departure. BACKGROUND Petitioner is a native of Israel and a citizen of Jordan. Gonzales Page 2 Petitioner was convicted in the Shaker Heights. He was also convicted. Remained in the United States for longer than he was permitted. Who was convicted of two crimes involving moral turpitude. He only denied that the crimes for which he was convicted arose from more than a single scheme of criminal misconduct. He admitted that he was removable pursuant to Title 8 U.S.C. § 1227(a)(1)(B) (1999). 2002 hearing was continued until May 2. The IJ determined that Petitioner was removable as charged. The fact that the second wife would have been aware of Petitioner's pending deportation proceeding prior to her marriage to him. 2002 hearing where the second continuance was granted.3 Finally. Or knowing that the person is facilitating a fraud. Any object that the person knows to have been simulated as provided in division (A)(1). </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0050p-06.pdf">OPINION/ORDER</A><BR> Was the company permitted to deduct anticipated warranty expenses in the year that it sold warranted motor vehicles to its dealers even though warranty claims had not necessarily been made? 2) Was Chrysler barred by the ten year statutory limitations period 1 No. 03 1214 Chrysler Corp. v. We will abandon our usual practice of beginning our opinion with a generalized background section in favor of treating each issue individually. The Tax Court framed the issue in these terms: We must decide whether for Federal income tax purposes all events necessary to determine petitioner's liability for its warranty expenses have occurred when it sells its vehicles to its dealers. A liability . . . is incurred. Generally is taken into account for Federal income tax purposes. In the taxable year in which all the events have occurred that establish the fact of the liability. Only the first prong of the test ­ whether the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/00/08/006009P.pdf">OPINION/ORDER</A><BR> Which is the subject of these proceedings. The Crawford County Farm was acquired in Leo Callier's name alone in 1990 or 1991. The Crawford County Farm property was then deeded to the friend. The transaction was structured in this manner for tax purposes. The seller of the Crawford County Farm is not identified in the record. The deed to Callier was not made part of the record. Gray's judgment was entered against him. Plaintiff Donna Callier then filed this adversary proceeding against Leo Callier seeking a declaratory judgment that the Crawford County Farm is owned by the Colliers as tenants by the entirety and requesting reformation of the deed based on mutual mistake in the conveyance. Both adversary proceedings were called for trial on the same day. Concluding that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/011616.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. Which was acquired by Greenbriar in 1996. Who at the time was a minority shareholder of American Care NC. The district court found that Greenbriar was clearly and fully informed as to the terms of Sharon Rhoades's employment agreement and ratified it. Sharon Rhoades owned 10% of the stock of American Care NC and was the company's Vice President for Opera GREENBRIAR CORP. v. Gary Smith was a shareholder and the only other director of American Care NC. No final agreement was reached until November 5. Sharon Rhoades was to report only to the President of the company who. Was Floyd Rhoades. Smith was not informed of the employment agreement. Nor was it approved by American Care NC's Board of Directors. Greenbriar was not aware that the Rhoadeses had discussed Sharon Rhoades's employment agreement in the context of their divorce settlement. Greenbriar was fully informed of all material terms of the Sharon Rhoades employment agreement prior to the consummation of the merger. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/00/00-2966.PDF">OPINION/ORDER</A><BR> Which is. The Reynolds asserted that these letters were binding admissions by the IRS. The Tax Court upheld a 20% accuracy related penalty because it found that some of the remaining errors were the result of negligence. Reynolds graduated from law school and was promoted to a supervisory position. The IRS commenced an investigation of Reynolds springing from concerns that he may have been conducting his private law practice during his workday at the IRS. The investigation was officially terminated in 1995. Which is the time period relevant to this dispute. These efforts were limited to a few real estate closings and related activities. Are currently before us on appeal. Schedule C is used to calculate a profit or loss from a sole proprietorship e.g. Schedule A is used to itemize various personal expenses that are deductible under federal law. Schedule E is used to state supplemental income or loss from various other activities e.g. Schedule F is used to state a profit or loss from farming activity. 3 2 Neither party in this case provides an intelligible summary of precisely which automobile and travel deductions are now on appeal nor do they give us the total amount of the claimed deductions. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/00/04/992004P.pdf">OPINION/ORDER</A><BR> Kent appeals the district court's inclusion of a special condition to his three year period of supervised release on the grounds that the condition was an abuse of discretion by the district court. Kent was sentenced to twenty seven months plus three years supervised release after being found guilty of two counts of mail fraud in violation of 18 U.S.C. § 1341. He was sentenced to five months incarceration to be served concurrently with his prior sentence of twenty seven months. The court ordered: (1) Kent shall have no contact. She explained that she was fearful of Kent's anger upon his release from prison. The dissolution action was still pending at the time of the hearing. Counsel for the government stated that he believed Kent's probation officer requested the court remove the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0078n-06.pdf">OPINION/ORDER</A><BR> Plaintiff Appellant Michael Galluzzo and Defendant Appellee Teresa Cook were formerly married and had two daughters together. She was designated the custodial parent under Ohio law. We believe that it was error for the district court to reach the merits of this case. Are unconstitutional. The Champaign County Court of Common Pleas was dismissed from the case on the ground that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/004846.U.pdf">OPINION/ORDER</A><BR> No. 00 4846 Unpublished opinions are not binding precedent in this circuit. Within 120 days after the sentence is imposed. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0091n-06.pdf">OPINION/ORDER</A><BR> Because the district court should have reviewed Mahle's decision under the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/00/03/991745P.pdf">OPINION/ORDER</A><BR> Nebraska AT&T facility was spun off and became part of Lucent. Lucent assumed responsibility for all benefit claims of former AT&T employees who became or would have become Lucent employees. Sahulka was also employed by AT&T at its Omaha. Nebraska facility and is currently 1 of her husband. Was an AT&T employee at the time of his death on October 21. Whichever is greater. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/00/00-3341.PDF">OPINION/ORDER</A><BR> Trejo was a nontenured assistant professor of psychology at the University of Illinois Urbana Champaign campus who received three one year appointments to his position in each of the school years between 1994 95 and 1996 97 before he got into trouble necessitating his discharge. Trejo was appointed to teach as a probationary. Trejo's appointment was subject to renewal at the end of each school year. He was eligible to be considered for tenure only if he met the University's expectations for teaching courses. The complaints that Shoben received concerning Trejo were made by several female graduate students who approached Shoben upon their return from an academic conference in Toronto. Trejo and the Illinois students were lodged in the same hotel that was also the site of the academic conference. Trejo vociferously opined that there is a relationship between pregnancy. Trejo claims that his intent was to foster an academic debate over sociobiological theories of mating by asking whether </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/AA14EBA87BD3A19C88256B37007C1049/$file/0015537.pdf?openelement">OPINION/ORDER</A><BR> As Independent Executrix of the Last Will of Michael D. We must decide whether a witness in a state quasi judicial proceeding is immune from a breach of contract action arising out of his testimony. Divorced in 1994 and are embroiled in a bitter and protracted child custody battle. Which is taking place in a Utah state court. Patton was heard by an Administrative Law Judge in Phoenix in May of 1998. Patton was a pedophile and a danger to children. II This is a diversity action under 28 U.S.C. § 1332. Because this suit was filed in the District Court of Arizona. The objective is to apply the law of the state that has the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//jan98/96-8844.man.html">UNITED STATES V. POPE (1/9/1998, NO. 96-8844)<BR></A><BR> Pope was sentenced to concurrent terms of eighty seven months of imprisonment. We conclude that Kelly's contentions are without merit. Clifford Kelly Pope (Pope) was married to Phyllis Pope (Phyllis). The couple obtained a Mustang Ranger Pickup that was secured by a loan with First Liberty Bank. Although Phyllis did not have the car at the time. Who was parked at the other end of the lot. Who was assisting Williamson. Pope was indicted for possession of an unregistered firearm. In addition to several other offenses which are not relevant here. The Government argued that the court was required to sentence Pope under the Armed Career Criminal Act. Who is convicted of illegally possessing a firearm. Thinking that it was not bound by the ACCA. THE COURT'S EXCLUSION OF PHYLLIS' PREVIOUS CONVICTION</P> <P> Pope's first contention is that the district court erred in not permitting him to question Phyllis Pope about her 1968 burglary conviction. Which was twenty eight years old at the time of this trial. When a conviction is more than ten years old. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/04-5099.pdf">OPINION/ORDER</A><BR> With her on the brief were Peter D. Pullum (collectively </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0469p-06.pdf">OPINION/ORDER</A><BR> Appeals the district court's dismissal of his § 1983 civil rights action challenging the refusal of certain Michigan Supreme Court Justices to recuse themselves from cases in which he is involved. And­in turn­several of the justices have made public remarks regarding Fieger. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/B87F9D1022854F068825710800815B16/$file/0316518.pdf?openelement">OPINION/ORDER</A><BR> Circuit Judge: This is a cautionary tale for ERISA administrators. We are met with three claimants to an ERISA governed life insurance policy held by the decedent. The two most basic components of any ERISA plan are the plan administrator and the plan documents. The plan administrator is a fiduciary charged with the duty to administer the benefit plan </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/cgi-bin/new/release.pl?B1=Search+Month&month=09&date=01&year=03">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06b0018n-06.pdf">OPINION/ORDER</A><BR> The precedential effect of this decision is limited to the case and parties pursuant to 6th Cir. Colvin ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/04-3391.pdf">OPINION/ORDER</A><BR> With him on the brief were Peter D. Of counsel on the brief was Earl A. Dickey asserts that since she is the common law widow of James L. She is entitled to survivor annuity benefits as Mr. Dickey's claim based on its finding that she had failed to establish that she was married to Mr. Dickey to reach its determination that the two were not married at the time of Mr. Died without a will in the District of Columbia on February 3. Dickey was employed by the federal government at the time of his death. Dickey were common law husband and wife from late April 1984. The witnesses stated that it was their understanding that Ms. Who was returning home from college. Dickey had been living together was not big enough to accommodate both them and her son. When her son was not with them. Dickey after she rented the 6th Street apartment was called into question by the affidavits of her witnesses. Asserted that the leasing of a second residence was precipitated by Ms. To further demonstrate that she was the common law wife of Mr. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/00/00-3779.PDF">OPINION/ORDER</A><BR> During the same period he was counseled frequently and suspended three times for poor performance. In July 1997 Vice President Powell directed Ogborn to start writing more detailed grievances and to stop having his girlfriend type his grievances because she was employed at one of the stores that Ogborn represented. At the time he was concentrating poorly. Then on September 20 Ogborn's ex wife called the police and reported that Ogborn was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=06-2159.wpd">OPINION/ORDER</A><BR> 1343 U.N.T.S. 49 ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//jan98/96-6211.man.html">HOLSOMBACK V. WHITE (1/26/1998, NO. 96-6211)<BR></A><BR> Holsomback was convicted of first degree sodomy by an Alabama state court and received a 25 year sentence. When he was four years old. The prosecutor had advised Holsomback's attorney prior to trial that there was no medical evidence of sexual abuse. (<EM>See</EM> R.1 7. Jeffrey was asked about several inconsistencies between his trial testimony and his prior testimony in a civil proceeding instituted by Holsomback to enforce visitation. A at 89 100).</P> <P> Holsomback's conviction was affirmed on direct appeal. His petition for certiorari to the Alabama Supreme Court was denied. (2) the trial court erred in not requiring the prosecutor to elect the particular incident of sodomy for which conviction was sought. (3) his sentence was based on uncharged allegations of sodomy and therefore violated Holsomback's right to due process. (5) the trial court's instructions as to </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07a0012n-06.pdf">OPINION/ORDER</A><BR> Plumb further argues that this denial of a promotion constituted retaliation for an EEO race discrimination claim that he filed (and that the parties settled) approximately eight years prior to the time Plumb was denied the promotion. That Plumb did not demonstrate that the USPS's reasons for not promoting him were No. 06 1017 Plumb v. The district court also held that Plumb failed to establish a prima facie case of retaliation because Plumb did not show that his denial of the promotion was causally connected to his earlier EEO complaint. Was shot while at work by a USPS employee that he supervised. Detroit District Manager Vernita Martin placed him on worker's compensation against his will. The USPS alleges that Plumb's return to work </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=05-9578.wpd">OPINION/ORDER</A><BR> She asserts that the agency decision is based on legal error and therefore this court has jurisdiction under the REAL ID Act. The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent. We conclude that the ruling presented for review was a discretionary decision and we lack subject matter jurisdiction to review it. The petition for review is dismissed. Thorn is a native and citizen of Hungary who entered the United States in March 1998 on a visitor visa. Before the divorce was finalized. Which was approved in September 2003. She then filed the petition that is the subject of this appeal: an I 485 application for adjustment of status to lawful permanent resident. Thorn had used alcohol and illicit drugs and was often unemployed. He concluded that the marriage was a sham. Even though the IJ indicated that the I 360 application may have been approved in error. Thorn discretionary relief under 1255 based on his findings that the marriage was a sham and was not viable at the time of Mr. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/02/02-2378.PDF">OPINION/ORDER</A><BR> Preserving his right to appeal the denial of his motion to suppress confessions he made five or six hours after what he contends was an illegal arrest. Although the government argued that Reed was not arrested until well after he confessed. Concluded that his confessions were admissible because they were sufficiently attenuated from the pur 2 No. 02 2378 ported illegal arrest and thus were acts of Reed's own free will. Reed was traveling south on Interstate 57 near Peotone. Was also in the truck. Was driving. Garnica was driving at a healthy clip. Who at the time was conducting drug interdiction surveillance. Garnica posted bond on the spot and was immediately released. Fifield then checked Reed's and Martin's backgrounds to determine whether either was permitted to drive. Fifield asked the three men what they were doing in Illinois. That he was assisting Martin because Martin was in poor health. Fifield asked Reed whether he was into horses. Reed replied that he was not. Fifield became even more No. 02 2378 3 suspicious when he examined the exterior of the trailer and observed that its three entrances were padlocked. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/jan2002/00-16361.opn.html">ROWE V. CITY OF FORT LAUDERDALE(1/23/2002, NO. 00-16361)<BR></A><BR> Circuit Judge: </SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07a0292n-06.pdf">OPINION/ORDER</A><BR> Everett Lewis was shot and killed by the police in Adams County. The facts in this case are not in dispute. Asked Copher to make a telephone call for him because Lewis did not have phone service at the time. (Although Copher and Lewis were </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="ftp://opinions.ca5.uscourts.gov/unpub/02/02-40373.0.wpd.pdf">OPINION/ORDER</A><BR> Was her employer. Robinson and Bryant became acrimonious when Robinson came to believe that Bryant was having an affair with Weathers. The court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. 2 1 temporary restraining order. Interspersed with these events were complaints by Robinson to the Disciplinary Counsel of the Texas Bar Association regarding various incidents of alleged misconduct by Weathers and other attorneys. Disciplinary None of the complaints resulted in a finding by the Counsel that misconduct had occurred or that discipline was appropriate. Before the state court appeal was resolved. Robinson alleged that he intended to sue for malicious prosecution and civil rights conspiracy but was unable to file suit until the state appeal terminated in his favor. The district court determined that Rule 27 relief was not appropriate and denied the petition. We will discuss the two cases consolidated for this appeal 3 separately. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=05-3254.wpd">OPINION/ORDER</A><BR> The case is in federal court because debtor filed for Chapter 11 relief during the pendency of the divorce proceedings. That decision was affirmed by this court's Bankruptcy Appellate Panel (BAP). Myers argued that the bankruptcy court erred in dismissing debtor's case and that the dismissal was (1) After examining the briefs and appellate record. The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent. Concluding that the bankruptcy court was well within its discretion to dismiss where debtor had failed to file monthly reports as required by Rule 2015(a)(3) of the Federal Rules of Bankruptcy Procedure. The BAP concluded that the motion to disqualify Judge Pusateri was moot because he had retired by the time she made her motion. That no motion to recuse Judge Somers was ever presented to the bankruptcy court. That the other pending motions were extinguished when the case was dismissed and were therefore also moot. The major issue in this case is whether the bankruptcy court erred in dismissing debtor's Chapter 11 petition. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07a0310n-06.pdf">OPINION/ORDER</A><BR> Is the beneficiary of his son's life insurance policy. The plan administrator is Airborne Freight Corporation. Benefits under [the] Plan [are] paid only if the Plan Administrator. Decides in its discretion that the applicant is entitled to them. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07a0499n-06.pdf">OPINION/ORDER</A><BR> I. Ricky Pittman is the biological father of Najee Waters ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=05-1173.wpd">OPINION/ORDER</A><BR> The case is therefore ordered submitted without oral argument. (1) This order and judgment is not binding precedent. R. 36.3. <hr> This case has a procedural history that is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07b0002p-06.pdf">OPINION/ORDER</A><BR> The bankruptcy court's decision is VACATED and REMANDED. An order is final if it </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07b0008p-06.pdf">OPINION/ORDER</A><BR> 000 down payment on the Lodi property was. That the Versailles property was property of the Debtor's estate.1 For the reasons that follow. The bankruptcy court's judgment is AFFIRMED. I. ISSUES ON APPEAL The issues on appeal are: (1) whether a loan in the amount of $157. 000 loan </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/06/10/053614P.pdf">OPINION/ORDER</A><BR> The Plan initially determined that Tracy was entitled to the benefits. James Marier was married to Kathleen Marier for twelve years and developed a close relationship to Kathleen's adult daughter. He named her as personal representative of his will in 2002 and 2003. He was not close to them. The record suggests that there was significant tension between Tracy and James's siblings. James had 2 decided to remove his siblings from his will and to name Tracy as his sole residuary beneficiary. Stating that he was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/ea50059bc5df2783882569520074e699/aa14eba87bd3a19c88256b37007c1049/$FILE/0015537.pdf">OPINION/ORDER</A><BR> As Independent Executrix of the Last Will of Michael D. We must decide whether a witness in a state quasi judicial proceeding is immune from a breach of contract action arising out of his testimony. Divorced in 1994 and are embroiled in a bitter and protracted child custody battle. Which is taking place in a Utah state court. Patton was heard by an Administrative Law Judge in Phoenix in May of 1998. Patton was a pedophile and a danger to children. II This is a diversity action under 28 U.S.C. § 1332. Because this suit was filed in the District Court of Arizona. The objective is to apply the law of the state that has the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/04/04-2064.PDF">OPINION/ORDER</A><BR> Which is approximately twenty minutes from the defendant appellee's casino. The panel is unanimously of the view that oral argument is unnecessary. The Browns have been unable to make their mortgage payments or their insurance payments. They have been threatened with termination of gas and electric service. At times they have been unable to buy food. Claiming that there was nothing that they could do because Mr. Brown was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/06/11/062100U.pdf">OPINION/ORDER</A><BR> The two were in the midst of divorce proceedings. Was promptly arrested by the Arkansas State Police and charged with a state crime. Reithemeyer testified he was not contracting with Lewis to kill his wife. He was merely contracting with Lewis to plant drugs in her car so she would be convicted and imprisoned </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/06/06/042894P.pdf">OPINION/ORDER</A><BR> This opinion is being filed by the remaining judges of the panel pursuant to 8th Cir. I. Woldemichael was the only witness who testified at the hearing. Where many Eritreans were living to avoid the growing conflict between Ethiopians and Eritreans. Where Woldemichael worked as a housekeeper until her son was born in 1993. Ultimately obtained a divorce from the Eritrean embassy because Woldemichael was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/06/12/061201P.pdf">OPINION/ORDER</A><BR> The transfer was not a bona fide sale for consideration. When Edna was sixty eight and Austin seventy nine years old. The Korbys filed gift tax returns in 1995 claiming a discount of 43.61% on the book value of each gift because the limited partnership interests were minority interests. Their transfer was restricted. In February 1993 when she was diagnosed with severe Alzheimer's dementia. Were intended to pay for the limited partners' income taxes.3 Edna Korby died on July 3. Rejecting the claim that payments from KPLP to the living trust were </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-2439.01A">OPINION/ORDER</A><BR> Azzarito</SPAN> were on brief. P.C.</SPAN> were on brief. A.D. was then seven and C.D. was almost three years old. </SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/02opinions/02-3371.html">RAMONA H. KINDALL V. OPM<BR></A><BR> For petitioner.<span style='mso spacerun:yes'>  </span>With him on the brief was <u>Richard F. For respondent.<span style='mso spacerun:yes'>  </span>On the brief were <u>David M. Trial Attorney.<span style='mso spacerun:yes'>  </span>Of counsel on the brief was <u>Paul St. 2002) ( <u>Final Decision</u> ).<span s </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-1492.01A">OPINION/ORDER</A><BR> \ but it is a reasonable inference to make from the testimony.</p>\ </span>' var WPFootnote2 = '<span class= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-1621.01A">OPINION/ORDER</A><BR> Were on brief. Was on brief. Was on brief. Were on brief. The SJC later held that it was an insufficient remedy under the Massachusetts Constitution merely to afford same sex partners the same benefits as married couples without also recognizing their marriage. <SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-1862.01A">OPINION/ORDER</A><BR> Paez is a citizen of the Dominican Republic who overstayed a non immigrant visa. What he objects to is the refusal of the immigration judge and the Board to continue the removal proceeding so that he could pursue alternative relief.</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//apr96/95-8313.opa.html">POWELL V. POWELL<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Powell v. Who is Secretary of the Navy. Contending that the FSPA is unconstitutional as applied to him. Holding that the FSPA is not unconstitutional as applied to him. That he was barred from bringing his action under principles of res judicata. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1999/10/98-6308.htm">98-6308 -- U.S. V. FRIESEN -- 10/18/1999<BR></A><BR> She further contends that her guilty plea must be vacated because it was the result of ineffective assistance of counsel. She alleges for the first time on appeal that her guilty plea was taken in violation of Fed. Carol Friesen was charged with nineteen counts of mail fraud in violation of 18 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=06-1180.01A">OPINION/ORDER</A><BR> S Nogueras Cartagena</span> was on brief. Was on brief. P. 12(b)(6) was recommended by a magistrate judge. The dismissal was granted by the district court below. The magistrate judge found that the claim was barred by the four year statute of limitations on civil RICO claims. <span style= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=06-1986.01A">OPINION/ORDER</A><BR> Upon which Zareas's complaint was predicated </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1999/11/98-5209.htm">98-5209 -- MORAN V. APFEL -- 11/04/1999<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> Plaintiffs Thelma Moran and Deborah Davis are a mother and daughter who appeal from the denial of their applications for a lump sum death benefit and surviving child's insurance benefits. The applications are based on the earnings of Robert Moran. Plaintiffs maintain that Thelma Moran was. Plaintiffs are entitled to benefits. We reverse the district court's affirmance of the Commissioner's denial of benefits and remand for further proceedings. <p> Thelma and Robert Moran were married in a ceremonial marriage on December 31. They were divorced on April 6. She is entitled to benefits based on her status as widow of the insured. We must determine whether there is substantial evidence to support the decision and whether the Commissioner correctly applied the applicable legal standards. <em>See Shepherd v. Will apply in deciding the nature of Thelma Moran's relationship to Robert Moran and whether she is his widow. <em>See </em>20 C.F.R. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1999/01/97-6217a.htm">97-6217A -- STOUFFER V. REYNOLDS -- 01/15/1999<BR></A><BR> Whose estranged wife was dating Petitioner. Petitioner was subsequently sentenced to death on the first conviction and life imprisonment on the second. Only six of which are preserved for our review. Pivotal to them is whether Petitioner received the effective assistance of counsel during the guilt and penalty phases of his trial. Which is most hampered in assessing counsel's performance during the penalty phase. Who was dating Velva Ivens after she had separated from Doug. Told her he was going out to pick up his mail at his post office box. Rushed in telling Doug he feared Velva and the girls were endangered. Telling the operator Petitioner was the shooter and directing the police to his wife's home. <p> Petitioner's version differed. Was there. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=00-1810.01A">OPINION/ORDER</A><BR> Were on brief for appellant.</FONT> <P><FONT FACE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=06-2395.01A">OPINION/ORDER</A><BR> Such a a result\ is at least colorable. 982 83 (10th Cir.\ BAP 1997) (equitable interest vests when divorce petition is\ filed). P.A.</span> was on brief for appellant.</span></p> <p style= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=91-1332.01A">OPINION/ORDER</A><BR> Byrnes & Morton was on Edward J. Byrnes & Morton was on brief for appellant Christian. brief for appellant Christian. Was on brief for appellee. Was on brief for appellee. 2 2 CYR. John Tejeda and Paul Christian were convicted of conspiracy to possess 500 or more grams of cocaine. Christian was convicted of the related substantive offense under 21 U.S.C. 841(a)(1). First made known his interest in buying cocaine and defendant Paul Christian indicated that he was receptive to the idea. Miller contacted the United States Drug Enforcement Agency (DEA) and was put in touch with DEA Special Agent Stephen Tomaski. It immediately became apparent that Christian was not acting alone. Defendant John Tejeda was among the individuals in the group. After the two kilogram transaction was consummated. Christian and Tejeda were arrested. In order to determine whether a rational trier of fact could have found guilt beyond a reasonable doubt. All reasonable inferences are drawn in favor of the verdict and any credibility determination must be compatible with the judgment of conviction. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=91-1477.01A">OPINION/ORDER</A><BR> H. Smith with whom Quinlan & Smith was on brief for appellant. P.C. were on brief for Children's Aid and Family Service of Hampshire County. Sanborn & Williams was on brief for Massachusetts Society for the Prevention of Cruelty to Children and Stephanie Flinker. P.C. was on brief for Denise Gelinas. Richardson and Gelinas were on brief for Edward N. This is an appeal from a grant of summary judgment on immunity grounds for defendants in a civil rights suit. Standard of Review Standard of Review Our review of a grant of summary judgment is plenary. A summary judgment motion will only be granted when </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=91-1964.01A">OPINION/ORDER</A><BR> Claimant was born in Italy in 1941 and attended school there through the fifth or sixth grade. The thrust of her argument is that the ALJ misread or ignored key medical findings. With the result that the assessments of various physicians were improperly discredited. With the further result that her complaints of 2 pain were improperly discounted. Our attention will be directed principally to the evidence concerning her complaints of pain. Because disability benefits under the SSI program are available only from the date of a claimant's application. The notes from these visits are cursory. The complaints were varied and for the most part minor. Physical examination was reported as being within normal limits. Claimant was prescribed pain medication continuously throughout this period at first Norgesic Forte. There was a full range of motion in all joints. Range of motion was diminished in the neck in all directions. Neurological findings were normal. Claimant stated that her arthritis was a long standing condition which affected her feet. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/04/99-2138.htm">99-2138 -- U.S. V. KORUH -- 04/03/2000<BR></A><BR> District Judge.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=04-2446_011.pdf">OPINION/ORDER</A><BR> Lance Corporal Rasheed Alhassan sought a discharge from the United States Marine 2 No. 04 2446 Corps as a conscientious objector but his request for conscientious objector status was denied. Alhassan petitioned the district court for relief under habeas corpus but the district court denied his petition finding that the Marine Corps had a basis in fact for denying him status as a conscientious objector because he made his request immediately after learning of his imminent departure to Iraq and he never expressed any anti war religious sentiment until he was about to be deployed. He was twenty one years old and declared that he was not a conscientious objector. Nor did he ever have. Alhassan was interviewed by various military officials. Captain Dansek concluded that Alhassan was suffering from </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1999/01/97-6217.htm">97-6217 -- STOUFFER V. REYNOLDS -- 01/15/1999<BR></A><BR> Whose estranged wife was dating Petitioner. Petitioner was subsequently sentenced to death on the first conviction and life imprisonment on the second. Only six of which are preserved for our review. Pivotal to them is whether Petitioner received the effective assistance of counsel during the guilt and penalty phases of his trial. Which is most hampered in assessing counsel's performance during the penalty phase. Who was dating Velva Ivens after she had separated from Doug. Told her he was going out to pick up his mail at his post office box. Rushed in telling Doug he feared Velva and the girls were endangered. Telling the operator Petitioner was the shooter and directing the police to his wife's home. <p> Petitioner's version differed. Was there. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/05/98-2265.htm">98-2265 -- WEITZ V. LOVELACE HEALTH SYSTEM, INC. -- 05/31/2000<BR></A><BR> Lovelace is the only appellee and the New Mexico state law claims are the only claims remaining in this case. Eddie was an Air Force Staff Sergeant stationed at Kirtland Air Force Base in Albuquerque. They were seen jointly on December 4 by J. Eddie and Arlene were then seen jointly on December 9 by Dr. Bolinder was apparently employed by Adlerian Therapy Services. Eddie was drunk. Eddie said that he would disown Loretta so that he would not have to pay child support. After Arlene told Eddie she was leaving. When Eddie told Haupt that he felt an examination was unnecessary. Eddie was instead seen by Genevieve Davidge. Davidge observed that Eddie was anxious and that he was unsure of his ability to handle his emotions should he and Arlene divorce. Davidge concluded that Eddie was not an immediate threat to himself or others but scheduled an appointment for Eddie to return the following day for further examination. Davidge concluded that Eddie was improved. None was arranged and Eddie never received additional counseling. <p> During the December 30 meeting between Haupt and Eddie. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=04-2657_021.pdf">OPINION/ORDER</A><BR> Who is Hispanic. Was hired by CPD in 1982. Deloughery was assigned to work with CPD's community policing program. She did this work in a position at the police training academy and was assigned additional responsibilities at the academy as time passed. Deloughery was accused of having interfered in the physical fitness tests being completed by her sister who was applying to work for CPD. She was moved from her position at the academy to a position as a lieutenant in the 18th district. She was reassigned to be commanding officer of Area 5 youth investigations. Deloughery was transferred from her position as commanding officer for Area 5 youth back to a patrol position. Deloughery was a board member of the Chicago Police Women's Association ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=91-2062.01A">OPINION/ORDER</A><BR> Ramos Luina was on brief for appellant. Was on brief for appellees. The resolution of this appeal depends on a question of Puerto Rico law which has not been specifically addressed by the Supreme Court of Puerto Rico and the decision of which may have important public policy implications. Sierra was serving the sentence of a Puerto Rico court at a facility controlled by the Puerto Rico Administration of Corrections. These and subsequent administrative complaints were rejected and. Certiorari was denied by the Supreme Court of Puerto Rico. His furloughs were not restored. Sierra was released from prison on September 12. The date by which the Administration of Corrections should have implemented the Superior Court's order. That Sierra's action was barred by Puerto Rico's one year statute of limitations for tort actions and granted defendants' motion to dismiss. The question is whether the time of Sierra's incarceration counts in determining whether a year has run. Was implicitly repealed by the Puerto Rico legislature in 1974 when it removed from the Penal Code the remnants of the civil law concept of interdiction. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/05/98-2265a.htm">98-2265A -- WEITZ V. LOVELACE HEALTH SYSTEM INC. -- 05/31/2000<BR></A><BR> 1991 </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=92-2147.01A">OPINION/ORDER</A><BR> Was on brief for appellants. Was on brief for appellees. Are Puerto Rican retirees living in Miami. Are appellants' grandnephew and grandniece. Luis and Noem were married with four children at the time. Have since divorced. We will overturn a district court's denial of a motion for judgment as a matter of law only if we find that a rational jury could reach only one conclusion. Puerto Rico is a civil law jurisdiction. The district court found it 1 While the Puerto Rico Supreme Court has never directly addressed the issue of whether written consent is necessary when both spouses together give a gift of movable property. The record contained testimony that Mateo told Luis that he was giving him money as a gift to build a home. She testified that she knew that the money was for a house on their land in Camuy. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/05/99-1253.htm">99-1253 -- STEFFENS V. STEFFENS -- 05/26/2000<BR></A><BR> Circuit Judges. <p> <hr align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/Mar2002/991430mo.txt">OPINION/ORDER</A><BR> We are presented with a challenge to a sanctions order of the District Court precluding Plaintiff/Appellant Barabra J. Also presented is the issue of a wife's right to retirement fund assets after the former spouse has filed for bankruptcy. Because we conclude that the District Court's order preventing Plaintiff from further filings was overbroad and undertaken without sufficient notice. We will vacate that order and remand the matter for further review. We will remand the retirement fund issue to the District Court so that the Court may more fully analyze the substantive merits of that question. I. The procedural history of this case is extremely long and prolix. The parties have engaged in an endless stream of responsive motions and (sometimes duplicative) filings. We will recite only those facts and procedural events necessary for the proper disposition of the precise issues presented in this appeal. Plaintiff and Defendant/Appellee John Beeghley ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/96/10/951799P.pdf">OPINION/ORDER</A><BR> Appellant argues that the district court erred in On imposing discipline identical to that of the Supreme Court of Missouri because the Missouri court made factual findings which were precluded under the doctrine of collateral estoppel. Appellant also argues that the district court abused its discretion when it reciprocally disbarred him because: (1) the Missouri disbarment order was not supported by adequate proof. Because the case is under seal. BACKGROUND Appellant was a member of the bars of Illinois and Missouri. Appellant represented a woman ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-2.gif" ALT="236"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/97/02/961183P.pdf">OPINION/ORDER</A><BR> This case is a diversity action based on the Arkansas Fraudulent Transfer Act. The FDIC contends that we do not have jurisdiction to decide this question at this time because it is a We hold that we do have jurisdiction and affirm. The divorce was granted on April 26. Obtained This action was originally brought on March 5. Melvyn Bell and Bell Holdings were dismissed as defendants. (Guaranty Federal) was substituted as plaintiff in place of American Federal. The FDIC was substituted as plaintiff in place of Guaranty Federal. 353.00. were accurate: THE COURT: With respect to the valuations on the noticed that they're fairly even in terms of value. like Bell Holdings has about $34 million and you have million assets. Their livelihood depends on their I would imagine that they wouldn't mislead me they wouldn't have a job. One of the assets acquired by Darlene Bell and held by Bell Equities was Red Apple Enterprises. [that] Melvyn Bell was either insolvent at the time of the transfer [of property to Darlene Bell] or was rendered insolvent by the transfer within the meaning of [the Arkansas Fraudulent Transfer Act]. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="ftp://opinions.ca5.uscourts.gov/unpub/03/03-20563.0.wpd.pdf">OPINION/ORDER</A><BR> Woodall argues that the defendants entered a divorce decree while he was incarcerated which resulted in the loss of his business and his real estate. A dismissal for failure to state a claim will be </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="ftp://opinions.ca5.uscourts.gov/unpub/02/02-60385.0.wpd.pdf">OPINION/ORDER</A><BR> Sr. was convicted of capital murder by a Rankin County. In the penalty phase of the trial the jury returned a death penalty verdict and found that the capital offense was committed for pecuniary gain. That the murder was especially heinous. The court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. The conviction was affirmed on direct appeal by the Nixon v. Certiorari was denied by the United States Supreme Court in 1989. Who had married his wife six months earlier (a scant three months after her prior divorce was finalized). Tucker was soon discovered by Tucker's co worker and was taken to the hospital. Nixon was arrested after being identified in a lineup by Mr. Nixon was convicted of capital murder and sentenced to death. Nixon filed a federal habeas petition that was denied by the district court. application for a COA followed. Because the petition was filed before the effective date of the Anti Terrorism and Effective Death Penalty Act of 1996 ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="ftp://opinions.ca5.uscourts.gov/unpub/02/02-60101.0.wpd.pdf">OPINION/ORDER</A><BR> Plaintiffs appellants ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="ftp://opinions.ca5.uscourts.gov/unpub/02/02-50041.0.wpd.pdf">OPINION/ORDER</A><BR> Was indicted and charged with procurement of citizenship or naturalization unlawfully in violation of 18 U.S.C. § 1425(b) that she for had misstating never on her been naturalization application before Pursuant to 5TH CIR. The Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. She was convicted following a jury trial and sentenced to four years' probation and a $100 special assessment. FACTUAL AND PROCEDURAL BACKGROUND Appellant was born in Korea in 1960. She was convicted of fraud. Which was successful. Sodosky was able to remain in the United States because she married Jerry Sodosky in November 1989. The box marked </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="ftp://opinions.ca5.uscourts.gov/unpub/02/02-41538.0.wpd.pdf">OPINION/ORDER</A><BR> The Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. The bankruptcy court and the district court granted summary judgment to Cox because they determined that the properties challenged by Cadleway were not the properties of Cox. App. 1951) (holding that presumption of common marital property is overcome with evidence that property was paid for by separate funds of spouse). On appeal Cadleway argues that because Cox is entitled to a right of reimbursement for his work in Kristi Cox's property investments. Even assuming arguendo that the right of reimbursement at divorce is property in terms of § 727. There is no </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="ftp://opinions.ca5.uscourts.gov/unpub/02/02-41271.0.wpd.pdf">OPINION/ORDER</A><BR> In forma pauperis 42 U.S.C. § 1983 action. the record is DENIED.). By not addressing the dismissal of the Paris News because it was not a state actor. The court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. The disrict court ruling that Reeder did not state a claim against Corporal Jones is not plain error. Allegations that the City conclusional discriminated against him based on his religion were insufficient to save the complaint from the motion to dismiss. The State was not named as a defendant. Reeder's claims against it were not the subject of a ruling by the district court. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/95opinions/95-1380.html">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/03opinions/03-3029.html">JAMES V. TABLERION<BR></A><BR> Argued for petitioner.<span style='mso spacerun:yes'>  </span>On the brief were <u>Peter D. Trial Attorney.<span style='mso spacerun:yes'>  </span>Of counsel on the brief were <u>Mark A. <st1:State>DC</st1:State></st1:place>.<span style='mso spacerun:yes'>  </span>Of counsel were <u>Brent M. Argued for respondent.<span style='mso spacerun:yes'>  </span>With him on the brief were <u>Gregory O Duden</u>. ) was a GS 11 Revenue Agent who worked for the IRS in </span><st1:place><st1:City><span style='font family:Arial. Tablerion is divorced.<span style='mso spacerun:yes'>  </span>According to a divorce decree. She and her ex husband are each entitled to claim a tax exemption for one of their two children.<span style='mso spacerun:yes'>  </span>If a parent wanted to claim a child care credit in connection with a child for whom the ex spouse is entitled to claim an exemption. The parent must execute a Form 8332 to show that he or she is relinquishing entitlement to claim that child as an exemption.<span style='mso spacerun:yes'>  </span>The form has two sections. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/02opinions/02-1380.html">FERGUSON BEAUREGARD/LOGIC CONTROLS V. MEGA SYSTEMS<BR></A><BR> Argued for both plaintiffs appellants.<span style='mso spacerun:yes'>  </span>On the brief for plaintiff appellant Ferguson Beauregard/Logic Controls was <u>T. Were <u>Gerald L. (3) the district court s conclusion that Bartley was not personally liable for inducing Mega to infringe the 991 patent and<span style='mso spacerun:yes'>  </span>U.S. Line height:200%'>BACKGROUND</p> <h1>Overview of the Technology</h1> <p class=MsoBodyText2>The patents in this case concern control systems and related methods used in the production of petroleum products from a well.<span style='mso spacerun:yes'>  </span>While some wells are capable of producing (or outpouring) liquid petroleum products under naturally induced reservoir pressures. It is more common for wells to require an artificial lift mechanism to be productive.<span style='mso spacerun:yes'>  </span> 991 patent. Ll. 7 11.<span style='mso spacerun:yes'>  </span>One such artificial lift system repetitively causes pressure to build by first closing in the well while it is subject to the inflow of liquids.<span style='mso spacerun:yes'>  </span><st1:State><st1:place><u>Id.</u></st1:place></st1:State> at ll. 14 18.<span style='mso spacerun:yes'>  </span>After the proper combination of pressure and liquid develops. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/96opinions/96-5205a.html">FIRST VA BNK V. USA<BR></A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/94opinions/94-1275a.html">CORP TELECOM SVC V. FCC<BR></A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/sept96/95-4142.opa_fn.html">OPINION/ORDER</A><BR> This document was created from RTF source by rtftohtml version 2.7.5 ></head><body><a name= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/sept96/94-2823.opa.html">OPINION/ORDER</A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>In re Englander United States Court of Appeals. Is located on a lake front lot which exceeds one half acre. The parties agree that the property cannot be subdivided due to local zoning and building regulations.

The creditors and trustee objected to the claim of exemption for this property because the acreage exceeded the allowable amount under Florida law.

149 OPINION/ORDER
This document was created from RTF source by rtftohtml version 2.7.5 > In re Mroz United States Court of Appeals. Friedman (
149 CHANDLER V. SIEGELMAN (10/19/2000, NO. 97-6898)

Remanded the case to us for further consideration in light of
149 PAGE V. UNITED STATES

This document was created from RTF source by rtftohtml version 2.7.5 > Page v. David Scalise were each indicted on a 31 count indictment. The remaining defendants were convicted after a jury trial on all 31 counts. Withdrawal from conspiracy.<p> We have jurisdiction pursuant to 28 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/nov2000/98-2886.man.html">BOTTOSON V. MOORE (11/29/2000, NO. 98-2886)<BR></A><BR> Chief Judge:</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/may97/93-9426.opa.html">UNITED STATES V. GRIGSBY<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>United States v. The district court instructed that general intent was all that was required to violate the AECA. Because we conclude that the district court's AECA jury instructions were erroneous and incomplete and that the jury's verdicts as to the other wildlife statutes were contrary to the jury instructions and evidence. That he had never issued export permits for African elephant ivory and was unfamiliar with the process.<p> Ashton transferred the original certificates of ownership for two of the ivory tusks. The Canadian Wildlife Service was satisfied that. Because the harvesting was before applicability of CITES. A Canadian export CITES permit was issued on October 20. Since the check was payable to Grigsby Taxidermy instead of Ashton and exceeded the final sales price. Where the certified check was converted to a Canadian bank draft payable to Ashton in Canadian funds. When the United States funds were converted to Canadian funds. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/may96/95-2550.opa.html">UNITED STATES V. ADAMS<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>United States v. Circuit Judges.<p> <p> PER CURIAM:<p> <p> Defendant appellant Brady Lavick Adams was convicted of kidnapping his wife. He was sentenced to life in prison for the kidnapping count. (2) the evidence presented at trial was insufficient to prove this same element. While the couple was living in Brunswick. Was refused entry on two occasions. Who at that time was in possession of a rifle. You know what I told you I was going to do if you left me. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/may2001/98-2709.ma4.html">ADLER V. DUVAL COUNTY SCH. BD. (5/11/2001, NO. 98-2709)<BR></A><BR> The Court vacated our decision and remanded it for further consideration in light of </SPAN><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/may2001/00-11938.man.html">LEON V. MILLON AIR, INC. (5/21/2001, NO. 00-11938)<BR></A><BR> The appeal is from the May 17. All of whom are citizens of Ecuador. The suit was brought against Millon Air. An air cargo carrier and other defendants whom the plaintiffs claim are responsible for the October 22. In addition to killing the three members of the crew (who are not plaintiffs) the crash killed 30 residents of Ecuador living in the neighborhood of the crash site. The appeal is also from the District Court's March 29. That the dismissal should have been appropriately conditioned. Affirm the denial of the motion for new trial. </SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/mar98/96-4884.opn.html">STONE V. WALL (3/2/1998, NO. 96-4884)<BR></A><BR> We are inclined to vacate and remand. Attorneys' fees in connection with Stone's recovery of custody of the minor child S.P.S. </STRONG></P> <P><STRONG> Plaintiffs are residents of Mississippi. Stone is the parent and natural guardian of S.P.S. He was formerly married to the mother of S.P.S. Defendant Green is a resident of Virginia and is an attorney for Wall and Masterson. Wall is a resident of Florida and is the mother of Lindgren (grandmother of S.P.S.). Masterson is a resident of Colorado and is Wall's daughter (aunt of S.P.S.). </STRONG></P> <P><STRONG> In 1987 Stone and Lindgren were divorced in Virginia. Stone says that he then was informed by his ex wife. That she had been diagnosed with brain cancer and was not expected to live more than six months. Who was the parent and natural guardian of S.P.S. Even if a claim were stated. The motion was denied. </P> <P><U><CENTER></U>II.</CENTER> </P> <P><U>A. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/mar96/94-9206.opa.html">ESCARENO V. CARL NOLTE SOHNE & CO.<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Escareno v. The district court declined to order the substitution on the ground that the temporary administrator was not a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/mar2002/01-12489.opn.html">UNITED STATES V. NAJJAR (3/1/2002, NO. 01-12489)<BR></A><BR> (2) abused its discretion by denying Najjar's motion to withdraw his guilty plea.</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/june98/97-2868.man.html">RIVERA V. ALLIN (6/23/1998, NO. 97-2868)<BR></A><BR> That is. DISCUSSION</CENTER> </P> <P> Leave to proceed IFP is. The general rule is that initiating parties must prepay a filing fee. <EM>See</EM> 28 U.S.C.A. § 1914(a) (West Supp.1998). By a person who makes affidavit that he is unable to pay such costs or give security thereof.</P> <P>28 U.S.C. § 1915(a) (1994).</P> <P> On April 26. 385 (5th Cir.1996) ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/june2001/00-10231.man.html">ROE V. AWARE WOMAN CTR. FOR CHOICE (6/8/2001, NO. 00-10231)<BR></A><BR> Circuit Judge:</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/july98/97-2428.man.html">DONATO V. AT&T (7/23/1998, NO. 97-2428)<BR></A><BR> For marital status discrimination in employment practices where the employee allegedly was discharged in retaliation for the actions of his spouse. We have studied the question and conclude that this case presents an important issue of Florida law that has not been addressed by the Supreme Court of Florida. We believe the issue is appropriate for resolution by Florida's highest court. To frame this issue for the Court's review we offer the following.</P> <P> This case is brought by Rosario Donato. Alleging that he was the victim of marital status discrimination when AT&. The Florida Commission on Human Relations concluded that there was reasonable cause to support Mrs. She was discharged from her position with AT&. T and was told that she was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/july97/93-4713.opa.html">UNITED STATES V. ARNOLD<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>United States v. Arnold and Coto were tried together before a jury and convicted on Count I for conspiracy to distribute marijuana. Appellants contend that they are entitled to a new trial based on the government's violation of <i>Brady v. Where Goldman was being held. After appellants were sentenced. The appellants moved for a new trial on the ground that the tapes contained favorable material that should have been disclosed to the defense. The outcome of the trial would have been different. Particularly the sale of the fish cargo that was used to disguise the marijuana. The marijuana was distributed before June 1985. Because Goldman was a heavy drinker and drug user. Arnold was involved in numerous real estate transactions on Goldman's behalf in Miami and California. Goldman paid Arnold a six percent commission for handling the sale of one of Goldman's houses because of Arnold's knowledge that drug proceeds were involved in the property. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/july96/94-5211.opa.html">ESTATE OF SHELFER V. COMMISSIONER<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Estate of Shelfer v. The court held that Lucille's estate was not liable for a tax deficiency assessed on the value of a trust from which she had received income during her lifetime. Claiming that the trust met the definition of a qualified terminable interest property trust ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/july96/93-3396.op2.html">STEELE V. SHAH<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Steele v. The district court held that the summary judgment record revealed nothing more than a difference of medical opinion between doctor and patient and that the doctor was. The facts are as follows. Steele was more than ordinarily upset by his situation. In the psychologist's opinion was. His emotional condition was severe enough that McConnell and the prison's psychiatrist. He was diagnosed as having </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/july2002/99-4176.opn.html">DREW V. DEP'T OF CORRECTIONS (7/18/2002, NO. 99-4176)<BR></A><BR> Drew argues first that his petition was not time barred under the one year statute of limitations established by the Antiterrorism and Effective Death Penalty Act of 1996 ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/jan96/94-9147.opa.html">STRICKLAND V. LINAHAN<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Strickland v. Senior Circuit Judge:<p> <p> This is a habeas corpus case. His first conviction was reversed<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/feb96/94-8730.opa.html">UNITED STATES V. DEROSE<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>United States v. He did not have the marijuana with him. Derose then entered the kitchen where the parties were located. Ould then entered the garage and the parties began a discussion about the transfer of the marijuana.<p> Agent Smith informed Ould and Derose that the marijuana was located in a vehicle in a nearby parking lot and that once they arrived at the parking lot. Agent Smith also stated that once the transfer of marijuana was completed. Derose and Ould filed a motion to dismiss the indictment asserting that although the magistrate judge did not specify whether the dismissal of the original complaint was with prejudice. The dismissal should have been entered with prejudice based on a violation of the Speedy Trial Act. The magistrate judge noted that the one year delay between the probable cause hearing and the dismissal of the complaint was attributable to the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/feb96/94-8403.opa.html">NOVAK V. COBB CTY. KENNESTONE HOSP. AUTH.<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Novak v. Was seriously injured. Novak was removed from the scene by ambulance and taken to Kennestone Hospital. It was determined that Novak had sustained numerous injuries. Told the staff not to give him any blood.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/feb95/88-8935.man.html">WATERS V. THOMAS<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Waters v. As he was leaving the scene. Other details of the crime and the overwhelming evidence of Waters' guilt are set out in the opinion of the Georgia Supreme Court. Which was denied after an evidentiary hearing. Certiorari was denied. Which the district court denied in an extensive order.<p> A panel of this Court affirmed the denial of habeas corpus relief insofar as the convictions were concerned. The panel was unanimous in affirming the denial of guilt stage relief. Chief Judge Tjoflat dissented from the panel majority's holding that Waters was due sentence stage relief on ineffective assistance grounds. We agree with the panel's holding that Waters' guilt stage ineffective assistance of counsel claims are due to be denied because the evidence of guilt was so overwhelming that Waters cannot show prejudice from any of the claimed shortcomings of his counsel at the guilt stage. <i>Id.</i> at 1490. The panel nonetheless expressed an opinion that the guilt stage ineffective assistance claims </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/dec95/93-9345.opa.html">SHAHAR V. BOWERS<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Shahar v. Senior Circuit Judge:<p> <p> The appellant Robin Joy Shahar is a homosexual female who was offered employment with the Department of Law of the State of Georgia to begin at a future date. The district court denied plaintiff's motion for summary judgment and granted defendant's motion for summary judgment.<p> The court unanimously agrees to affirm the conclusion of the district court that Shahar's right of intimate association was burdened. That the district court erred in applying a balancing test to determine whether Shahar's rights under the Constitution were violated and that the case must be remanded to the district court for it to consider these issues under a strict scrutiny standard.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/dec94/93-7073.opa.html">ELECTRO-WIRE PRODS. V. SIROTE & PERMUTT, P.C.<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Electro Wire Prods. v. Sirote was paid a total of $7. 056.40 of which was paid to Sirote in October of 1989. Which was dismissed in April of 1989 after the Princes reconciled. 000 in property was conveyed from Mr. The property deeds executed by Prince in this property transfer remained in Sirote's files and were not recorded until October 17. Cooper then asked Todd to prepare a memorandum outlining the estate planning work she had done for the Princes and the effect it might have on Prince's bankruptcy proceedings. P.C. have no connection with the Debtor. P.C. have not formerly represented the Debtor and do not presently represent any party in interest in the case and to best of the undersigned's knowledge is otherwise qualified to serve in the capacity as attorney for the Debtor pursuant to 11 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/dec94/92-2588.opa.html">NIPPER V. SMITH<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Nipper v. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/aug2000/99-13836.man.html">ALLIANCE METALS, INC., OF ATLANTA V. HINELY INDUS. (8/15/2000, NO. 99-13836)<BR></A><BR> We have jurisdiction under 28 U.S.C. § 1291. Because the district court did not err in concluding Hinely was obligated to comply with the non competition provision of his employment contract or in finding no genuine issue of material fact as to whether Hinely had infringed Alliance Atlanta's right to the trade name Hinely Aluminum. Among the assets acquired were the Hinely Aluminum. Alliance Atlanta and Hinely also entered into a five year employment contract under which Hinely was to serve as Alliance Atlanta's president. Hinely was to receive an annual salary of $138. He was to receive a percentage of Alliance Atlanta's net sales and net profits as incentive compensation. Hinely was entitled to review any information on which the calculation of his incentive compensation was based. Or any other matter described herein ... shall be promptly referred to a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/apr2001/99-15405.man.html">BUCE V. ALLIANZ LIFE INS. CO. (4/10/2001, NO. 99-15405)<BR></A><BR> The denial of benefits was overturned and the plaintiff the widow of the decedent was awarded $150. The insurance carrier also argues that the proper standard of District Court review of the denial of benefits was not </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/apr2001/99-13347.man.html">BEKIER V. BEKIER (4/16/2001, NO. 99-13347)<BR></A><BR> Would govern this inquiry.<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//sept96/95-4142.opa_fn.html">OPINION/ORDER</A><BR> This document was created from RTF source by rtftohtml version 2.7.5 ></head><body><a name= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//sept96/94-2823.opa.html">OPINION/ORDER</A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>In re Englander United States Court of Appeals. Is located on a lake front lot which exceeds one half acre. The parties agree that the property cannot be subdivided due to local zoning and building regulations.

The creditors and trustee objected to the claim of exemption for this property because the acreage exceeded the allowable amount under Florida law.

149 OPINION/ORDER
This document was created from RTF source by rtftohtml version 2.7.5 > In re Mroz United States Court of Appeals. Friedman (
149 CHANDLER V. SIEGELMAN (10/19/2000, NO. 97-6898)

Remanded the case to us for further consideration in light of
149 PAGE V. UNITED STATES

This document was created from RTF source by rtftohtml version 2.7.5 > Page v. David Scalise were each indicted on a 31 count indictment. The remaining defendants were convicted after a jury trial on all 31 counts. Withdrawal from conspiracy.<p> We have jurisdiction pursuant to 28 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//nov2000/98-2886.man.html">BOTTOSON V. MOORE (11/29/2000, NO. 98-2886)<BR></A><BR> Chief Judge:</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//may97/93-9426.opa.html">UNITED STATES V. GRIGSBY<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>United States v. The district court instructed that general intent was all that was required to violate the AECA. Because we conclude that the district court's AECA jury instructions were erroneous and incomplete and that the jury's verdicts as to the other wildlife statutes were contrary to the jury instructions and evidence. That he had never issued export permits for African elephant ivory and was unfamiliar with the process.<p> Ashton transferred the original certificates of ownership for two of the ivory tusks. The Canadian Wildlife Service was satisfied that. Because the harvesting was before applicability of CITES. A Canadian export CITES permit was issued on October 20. Since the check was payable to Grigsby Taxidermy instead of Ashton and exceeded the final sales price. Where the certified check was converted to a Canadian bank draft payable to Ashton in Canadian funds. When the United States funds were converted to Canadian funds. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//may96/95-2550.opa.html">UNITED STATES V. ADAMS<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>United States v. Circuit Judges.<p> <p> PER CURIAM:<p> <p> Defendant appellant Brady Lavick Adams was convicted of kidnapping his wife. He was sentenced to life in prison for the kidnapping count. (2) the evidence presented at trial was insufficient to prove this same element. While the couple was living in Brunswick. Was refused entry on two occasions. Who at that time was in possession of a rifle. You know what I told you I was going to do if you left me. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//may2001/98-2709.ma4.html">ADLER V. DUVAL COUNTY SCH. BD. (5/11/2001, NO. 98-2709)<BR></A><BR> The Court vacated our decision and remanded it for further consideration in light of </SPAN><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//may2001/00-11938.man.html">LEON V. MILLON AIR, INC. (5/21/2001, NO. 00-11938)<BR></A><BR> The appeal is from the May 17. All of whom are citizens of Ecuador. The suit was brought against Millon Air. An air cargo carrier and other defendants whom the plaintiffs claim are responsible for the October 22. In addition to killing the three members of the crew (who are not plaintiffs) the crash killed 30 residents of Ecuador living in the neighborhood of the crash site. The appeal is also from the District Court's March 29. That the dismissal should have been appropriately conditioned. Affirm the denial of the motion for new trial. </SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//mar98/96-4884.opn.html">STONE V. WALL (3/2/1998, NO. 96-4884)<BR></A><BR> We are inclined to vacate and remand. Attorneys' fees in connection with Stone's recovery of custody of the minor child S.P.S. </STRONG></P> <P><STRONG> Plaintiffs are residents of Mississippi. Stone is the parent and natural guardian of S.P.S. He was formerly married to the mother of S.P.S. Defendant Green is a resident of Virginia and is an attorney for Wall and Masterson. Wall is a resident of Florida and is the mother of Lindgren (grandmother of S.P.S.). Masterson is a resident of Colorado and is Wall's daughter (aunt of S.P.S.). </STRONG></P> <P><STRONG> In 1987 Stone and Lindgren were divorced in Virginia. Stone says that he then was informed by his ex wife. That she had been diagnosed with brain cancer and was not expected to live more than six months. Who was the parent and natural guardian of S.P.S. Even if a claim were stated. The motion was denied. </P> <P><U><CENTER></U>II.</CENTER> </P> <P><U>A. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//mar96/94-9206.opa.html">ESCARENO V. CARL NOLTE SOHNE & CO.<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Escareno v. The district court declined to order the substitution on the ground that the temporary administrator was not a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//mar2002/01-12489.opn.html">UNITED STATES V. NAJJAR (3/1/2002, NO. 01-12489)<BR></A><BR> (2) abused its discretion by denying Najjar's motion to withdraw his guilty plea.</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//june98/97-2868.man.html">RIVERA V. ALLIN (6/23/1998, NO. 97-2868)<BR></A><BR> That is. DISCUSSION</CENTER> </P> <P> Leave to proceed IFP is. The general rule is that initiating parties must prepay a filing fee. <EM>See</EM> 28 U.S.C.A. § 1914(a) (West Supp.1998). By a person who makes affidavit that he is unable to pay such costs or give security thereof.</P> <P>28 U.S.C. § 1915(a) (1994).</P> <P> On April 26. 385 (5th Cir.1996) ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//june2001/00-10231.man.html">ROE V. AWARE WOMAN CTR. FOR CHOICE (6/8/2001, NO. 00-10231)<BR></A><BR> Circuit Judge:</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//july98/97-2428.man.html">DONATO V. AT&T (7/23/1998, NO. 97-2428)<BR></A><BR> For marital status discrimination in employment practices where the employee allegedly was discharged in retaliation for the actions of his spouse. We have studied the question and conclude that this case presents an important issue of Florida law that has not been addressed by the Supreme Court of Florida. We believe the issue is appropriate for resolution by Florida's highest court. To frame this issue for the Court's review we offer the following.</P> <P> This case is brought by Rosario Donato. Alleging that he was the victim of marital status discrimination when AT&. The Florida Commission on Human Relations concluded that there was reasonable cause to support Mrs. She was discharged from her position with AT&. T and was told that she was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//july97/93-4713.opa.html">UNITED STATES V. ARNOLD<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>United States v. Arnold and Coto were tried together before a jury and convicted on Count I for conspiracy to distribute marijuana. Appellants contend that they are entitled to a new trial based on the government's violation of <i>Brady v. Where Goldman was being held. After appellants were sentenced. The appellants moved for a new trial on the ground that the tapes contained favorable material that should have been disclosed to the defense. The outcome of the trial would have been different. Particularly the sale of the fish cargo that was used to disguise the marijuana. The marijuana was distributed before June 1985. Because Goldman was a heavy drinker and drug user. Arnold was involved in numerous real estate transactions on Goldman's behalf in Miami and California. Goldman paid Arnold a six percent commission for handling the sale of one of Goldman's houses because of Arnold's knowledge that drug proceeds were involved in the property. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//july96/94-5211.opa.html">ESTATE OF SHELFER V. COMMISSIONER<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Estate of Shelfer v. The court held that Lucille's estate was not liable for a tax deficiency assessed on the value of a trust from which she had received income during her lifetime. Claiming that the trust met the definition of a qualified terminable interest property trust ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//july96/93-3396.op2.html">STEELE V. SHAH<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Steele v. The district court held that the summary judgment record revealed nothing more than a difference of medical opinion between doctor and patient and that the doctor was. The facts are as follows. Steele was more than ordinarily upset by his situation. In the psychologist's opinion was. His emotional condition was severe enough that McConnell and the prison's psychiatrist. He was diagnosed as having </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//july2002/99-4176.opn.html">DREW V. DEP'T OF CORRECTIONS (7/18/2002, NO. 99-4176)<BR></A><BR> Drew argues first that his petition was not time barred under the one year statute of limitations established by the Antiterrorism and Effective Death Penalty Act of 1996 ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//jan96/94-9147.opa.html">STRICKLAND V. LINAHAN<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Strickland v. Senior Circuit Judge:<p> <p> This is a habeas corpus case. His first conviction was reversed<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//feb96/94-8730.opa.html">UNITED STATES V. DEROSE<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>United States v. He did not have the marijuana with him. Derose then entered the kitchen where the parties were located. Ould then entered the garage and the parties began a discussion about the transfer of the marijuana.<p> Agent Smith informed Ould and Derose that the marijuana was located in a vehicle in a nearby parking lot and that once they arrived at the parking lot. Agent Smith also stated that once the transfer of marijuana was completed. Derose and Ould filed a motion to dismiss the indictment asserting that although the magistrate judge did not specify whether the dismissal of the original complaint was with prejudice. The dismissal should have been entered with prejudice based on a violation of the Speedy Trial Act. The magistrate judge noted that the one year delay between the probable cause hearing and the dismissal of the complaint was attributable to the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//feb96/94-8403.opa.html">NOVAK V. COBB CTY. KENNESTONE HOSP. AUTH.<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Novak v. Was seriously injured. Novak was removed from the scene by ambulance and taken to Kennestone Hospital. It was determined that Novak had sustained numerous injuries. Told the staff not to give him any blood.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//feb95/88-8935.man.html">WATERS V. THOMAS<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Waters v. As he was leaving the scene. Other details of the crime and the overwhelming evidence of Waters' guilt are set out in the opinion of the Georgia Supreme Court. Which was denied after an evidentiary hearing. Certiorari was denied. Which the district court denied in an extensive order.<p> A panel of this Court affirmed the denial of habeas corpus relief insofar as the convictions were concerned. The panel was unanimous in affirming the denial of guilt stage relief. Chief Judge Tjoflat dissented from the panel majority's holding that Waters was due sentence stage relief on ineffective assistance grounds. We agree with the panel's holding that Waters' guilt stage ineffective assistance of counsel claims are due to be denied because the evidence of guilt was so overwhelming that Waters cannot show prejudice from any of the claimed shortcomings of his counsel at the guilt stage. <i>Id.</i> at 1490. The panel nonetheless expressed an opinion that the guilt stage ineffective assistance claims </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//dec95/93-9345.opa.html">SHAHAR V. BOWERS<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Shahar v. Senior Circuit Judge:<p> <p> The appellant Robin Joy Shahar is a homosexual female who was offered employment with the Department of Law of the State of Georgia to begin at a future date. The district court denied plaintiff's motion for summary judgment and granted defendant's motion for summary judgment.<p> The court unanimously agrees to affirm the conclusion of the district court that Shahar's right of intimate association was burdened. That the district court erred in applying a balancing test to determine whether Shahar's rights under the Constitution were violated and that the case must be remanded to the district court for it to consider these issues under a strict scrutiny standard.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//dec94/93-7073.opa.html">ELECTRO-WIRE PRODS. V. SIROTE & PERMUTT, P.C.<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Electro Wire Prods. v. Sirote was paid a total of $7. 056.40 of which was paid to Sirote in October of 1989. Which was dismissed in April of 1989 after the Princes reconciled. 000 in property was conveyed from Mr. The property deeds executed by Prince in this property transfer remained in Sirote's files and were not recorded until October 17. Cooper then asked Todd to prepare a memorandum outlining the estate planning work she had done for the Princes and the effect it might have on Prince's bankruptcy proceedings. P.C. have no connection with the Debtor. P.C. have not formerly represented the Debtor and do not presently represent any party in interest in the case and to best of the undersigned's knowledge is otherwise qualified to serve in the capacity as attorney for the Debtor pursuant to 11 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//dec94/92-2588.opa.html">NIPPER V. SMITH<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Nipper v. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//aug2000/99-13836.man.html">ALLIANCE METALS, INC., OF ATLANTA V. HINELY INDUS. (8/15/2000, NO. 99-13836)<BR></A><BR> We have jurisdiction under 28 U.S.C. § 1291. Because the district court did not err in concluding Hinely was obligated to comply with the non competition provision of his employment contract or in finding no genuine issue of material fact as to whether Hinely had infringed Alliance Atlanta's right to the trade name Hinely Aluminum. Among the assets acquired were the Hinely Aluminum. Alliance Atlanta and Hinely also entered into a five year employment contract under which Hinely was to serve as Alliance Atlanta's president. Hinely was to receive an annual salary of $138. He was to receive a percentage of Alliance Atlanta's net sales and net profits as incentive compensation. Hinely was entitled to review any information on which the calculation of his incentive compensation was based. Or any other matter described herein ... shall be promptly referred to a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//apr2001/99-15405.man.html">BUCE V. ALLIANZ LIFE INS. CO. (4/10/2001, NO. 99-15405)<BR></A><BR> The denial of benefits was overturned and the plaintiff the widow of the decedent was awarded $150. The insurance carrier also argues that the proper standard of District Court review of the denial of benefits was not </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//apr2001/99-13347.man.html">BEKIER V. BEKIER (4/16/2001, NO. 99-13347)<BR></A><BR> Would govern this inquiry.<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/10circuit/sept97/95-5274.wpd.html">UNITED STATES V. KNOX<BR></A><BR> We hold that the evidence in dispute was properly admissible as non hearsay pursuant to Fed. 472 73 (10th Cir. 1975) ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/10circuit/nov97/96-8057.wpd.html">PIPPINGER V. RUBIN<BR></A><BR> Rubin is the Secretary of the United States Treasury. Plaintiff Appellant John Pippinger was temporarily suspended from his job as an Internal Revenue Service ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/10circuit/june97/95-4114.wpd.html">OHLANDER V. LARSON<BR></A><BR> Was adopted by the signatory nations </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-1.gif" ALT="149"></TD> <TD CL