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Chief judges have administrative responsibilities with respect to their circuits, and preside over any panel on which they serve, unless the circuit justice (the Supreme Court justice responsible for the circuit) is also on the panel. Unlike the Supreme Court, where one justice is specifically nominated to be chief, the office of chief judge ...
A table of points and authorities serves as a table of contents for the argument section of a brief, followed by a list of the cases and statutes upon which the brief relies. Some states require the authorities that appear in each section of the document to be listed in the order in which they appear. [4]
The Eighth Circuit ruled in Dansby v. Norris that "Martinez" does not apply in states that allow ineffective assistance claims on direct appeal. The Fifth Circuit ruled in Gates v. Thaler that Martinez did not apply in Texas but the Supreme Court reversed in Trevino v. Thaler. [5]
The 8th U.S. Circuit Court of Appeals found the Missouri law violated a section of the U.S. Constitution known as the supremacy clause, which asserts that federal law takes precedence over state laws.
The Tenth Circuit was created in 1929 by subdividing the existing Eighth Circuit, and the Eleventh Circuit was created in 1981 by subdividing the existing Fifth Circuit. The Federal Circuit was created in 1982 by the merger of the United States Court of Customs and Patent Appeals and the appellate division of the United States Court of Claims.
The United States District Court for the Eastern District of Arkansas (in case citations, E.D. Ark.) is a federal court in the Eighth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit).
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Bishop [93] an Eighth Circuit decision outlawing corporal punishment in the Arkansas prison system: "The scope of the Amendment is not static ...[D]isproportion, both among punishments and between punishment and crime, is a factor to be considered ..." [94] Relying on and citing its early cases O ' Neil v. Vermont, 144 U.S. 323 (1892) [95] and ...