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Case Summaries

Criminal Law & Procedure

[09/19] Sharp III v. County of Orange
Partially affirming and partially reversing district court decisions that properly denied qualified immunity and state-law immunity claims raised by police against retaliation claims by a man, Sharp III, who was confused with his son, Sharp IV, at the time of an arrest and search, but reversing the denial of immunity claims as they related to Sharp's mother's retaliation claim and both parent's claims relating to his seizure, excessive force, and the search of his person and the home, which was warranted despite being largely unconstitutional.

[09/19] US v. Parker
Affirming the conviction of a felon for possession of ammunition and a firearm because the judge's failure to voir dire jurors individually about their feelings toward race, the admission of evidence of other gun and ammo purchases, and inclusion of instructions relating to willful blindness did not rise to reversible error.

[09/18] US v. Caltabiano
Affirming the conviction and sentence of a man for mail fraud, conspiracy, and theft of government property by the district court because the defendant waived his challenge to the jury instructions by proposing instructions that were nearly identical and his sentence was not procedurally unreasonable because it was not in plain error.

[09/18] U1IT4Less, Inc. v. FedEx Corporation
Affirming the district court's grant of summary judgment to the defendant FedEx because the plaintiff, who complained of inflated shipping and customs charges under the Racketeer Influenced and Corrupt Organizations Act (RICO) because the plaintiff failed to adduce evidence that FedEx Corp/Services, the alleged Rico 'persons,' are distinct from FedEx Ground, the alleged RICO enterprise.

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