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Reassigned to the United States Circuit Court of Appeals for the Eighth Circuit by the Judiciary Act of 1891: Caldwell: AR: 1891–1903 Hook: KS: 1903–1921 Lewis: CO: 1921–1929 Reassigned on February 28, 1929, to the United States Circuit Court of Appeals for the Tenth Circuit by 45 Stat. 1346
Lower courts have declined to expand Martinez to Brady claims, [12] appeals from "initial-review collateral proceedings", [13] successive petitions, [14] claims that could have been raised on direct appeal under state law [15] and claims that have been time-barred by AEDPA's statute of limitations. [2] The Fifth Circuit in Gallow v.
The Court of Appeals for the Eighth Circuit affirmed the decision of the district court. Most courts of appeals tasked with deciding this issue—before the Supreme Court granted review—concluded that the limitation period for pre-enforcement review runs from the date that the rule became effective.
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 Civil Rights Act of 1964 was passed into law amid the civil rights movement. ... On April 24, 2024, the Supreme court vacated the Eighth circuit's decision.
On remand, the Eighth Circuit ruled that because the police could rely in good faith on binding precedent from the Eighth Circuit, which at the time of the stop held that briefly prolonging a stop was legal, Rodriguez was entitled to no relief. [35] The United States Supreme Court declined to hear an appeal of that decision. [36]
The Eighth Circuit rejected all of Greenlaw's arguments in favor of a reduced sentence. Relying on the "plain error" rule of Fed. R. Crim. P. 52(c), [4] the Eighth Circuit ordered the district court to impose the 25-year mandatory consecutive sentence for a second § 924(c) conviction. [5] Greenlaw asked the U.S. Supreme Court to review the case.
Howe then asked the 8th Circuit for a stay pending appeal and through the 2024 elections. The court on Friday denied his request in a brief order. Two phone messages were left for Howe seeking ...