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The Supreme Court modified and affirmed the decision of the court of appeals finding no error in Defendant’s convictions and sentences. The Court of Appeals held that Defendant waived her sentencing arguments because Defendant failed to voice any objection to her sentence or the sentencing proceedings in the trial court. The Supreme Court affirmed as modified, holding (1) Defendant waived her Eighth Amendment arguments by failing to raise them before the sentencing court; (2) Defendant’s nonconstitutional sentencing issues were preserved for appellate review by statute despite her failure to lodge a contemporaneous objection but were nonetheless meritless; and (3) discretionary review was improvidently granted as to Defendant’s ineffective assistance claim. View "State v. Meadows" on Justia Law

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The Eighth Circuit affirmed the district court's grant of summary judgment to Allina in an action brought by a former employer under the Americans with Disabilities Act (ADA) and the Minnesota Human Rights Act (MHRA), after she was terminated for refusing to fulfill a job requirement that she take necessary steps to develop immunity to rubella. The court held that, although the district court erred in denying plaintiff's inquiry claim based on a lack of injury, summary judgment was proper where Allina's decision to require employees with client contact to complete an inquiry and exam was job-related, consistent with business necessity, and no more intrusive than necessary. Therefore, the health screening that plaintiff was required to take as a condition of her employment complied with the ADA and the MHRA The court also held that the evidence was insufficient to support plaintiff's claim that she was disabled under the ADA where the evidence was insufficient to support the conclusion that plaintiff's chemical sensitivities or allergies substantially or materially limited her ability to perform major life activities. Therefore, plaintiff's failure to accommodate claim failed. Likewise, her retaliation claim failed. View "Hustvet v. Allina Health System" on Justia Law

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The DC Circuit affirmed the district court's dismissal of claims related to conditions placed by the D.C. Alcoholic Beverage Control Board on the liquor license of the Alibi restaurant. The court held that HRH properly invoked the curable defect exception to issue preclusion, and the district court erred by rejecting HRH's proposed second amended complaint that included allegations about the Board's enforcement action that would have cured the standing defect. On the merits, the court affirmed the dismissal of HRH's First Amendment retaliation claim because, even assuming the facts alleged in the complaint were true, the record showed that retaliation was not a plausible conclusion. The court also affirmed the dismissal of the commercial association claim based on the same reasoning as the retaliation claim; the dismissal of the right to travel claim in light of Hutchins v. District of Columbia, 188 F.3d 531, 537-38 (D.C. Cir. 1999); and procedural due process claim based on the failure to identify a cognizable liberty or property interest. View "Scahill v. District of Columbia" on Justia Law

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The Supreme Court affirmed in part and reversed and remanded in part the district court’s order suppressing drug-related evidence seized during a residential search supported by a warrant, holding that the affidavit facts provided a substantial basis for the issuing judge’s determination that there was a fair probability that evidence of illegal marijuana possession would be found in the home. Specifically, the Court held (1) Miranda warnings were required before Defendant made incriminating statements used to support the warrant, and therefore, the incriminating statements were properly suppressed where the warnings were not given before the statements were made; but (2) the officer’s testimony that he executed the smell of raw marijuana coming from the residence provided the probable cause for the search warrant. View "State v. Regelman" on Justia Law

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The Supreme Court affirmed Defendant’s convictions of possession of cocaine, fleeing or attempting to elude a police officer, and related offenses, holding primarily that the trial court did not err in refusing to suppress drug evidence found in Defendant’s vehicle after a police officer’s warrantless search. Specifically, the Court held (1) the initial seizure of Defendant’s person did not violate his Fourth Amendment rights, and his extended holding in the police car did not make his seizure illegal; (2) even if there were an initial vehicle seizure when pulling Defendant over to effect his arrest, that seizure ended when Defendant parked the car, got out, locked it, and stated he would not consent to its search; and (3) the evidence was sufficient to support Defendant’s fleeing conviction. View "State v. Parker" on Justia Law

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The Supreme Court affirmed Defendant’s misdemeanor convictions of possession of marijuana and possession of drug paraphernalia, holding that the totality of the circumstances surrounding a police officer’s detection of the smell of raw marijuana emanating from a residence can supply probable cause to believe that the residence contains contraband or evidence of a crime. On appeal, Defendant argued that his motion to suppress should have been granted because police officers’ warrantless entry into his residence, purportedly for officer safety and to prevent evidence destruction, violated the Fourth and Fourteenth Amendments. The court of appeals affirmed but stopped short of finding that the odor of marijuana would have provided probable cause for officers to conduct a search of Defendant’s apartment because that search occurred after a warrant was issued. The Supreme Court affirmed, holding (1) probable cause plus the exigent circumstances exception permitted the initial warrantless entry into Defendant’s apartment for a security sweep; and (2) to the extent the drug paraphernalia evidence and the search warrant were fruits of a warrantless search, the sweep was not illegal and the challenged evidence was not subject to exclusion. View "State v. Hubbard" on Justia Law

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The Second Circuit reversed the district court's denial of defendant's motion for summary judgment based on qualified immunity. Defendant, a police officer, tased a student at the American School for the Deaf after giving the student warnings that he would be tased if he did not follow the officer's instructions. The court held that defendant was entitled to qualified immunity because it was objectively reasonable for him to believe that, given the undisputed facts, his conduct complied with clearly established law. In this case, the student was a threat to himself and others, and the officer had a reasonable basis to believe that his instructions and warnings were being conveyed to the student by faculty and the student was ignoring them. View "Muschette v. Gionfriddo" on Justia Law

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Petitioner Kyle Guillemette challenged a determination by the Administrative Appeals Unit (AAU) of the New Hampshire Department of Health and Human Services (DHHS) that the notice requirements set forth in RSA 171-A:8, III (2014) and New Hampshire Administrative Rules, He-M 310.07 did not apply when Monadnock Worksource notified Monadnock Developmental Services of its intent to discontinue providing services to petitioner because that act did not constitute a “termination” of services within the meaning of the applicable rules. Petitioner received developmental disability services funded by the developmental disability Medicaid waiver program. MDS was the “area agency,” which coordinated and developed petitioner’s individual service plan. Worksource provides services to disabled individuals pursuant to a “Master Agreement” with MDS. Worksource began providing day services to the petitioner in August 2012. On March 31, 2017, Worksource notified MDS, in writing, that Worksource was terminating services to petitioner “as of midnight on April 30.” The letter to MDS stated that “[t]he Board of Directors and administration of . . . Worksource feel this action is in the best interest of [the petitioner] and of [Worksource].” Petitioner’s mother, who served as his guardian, was informed by MDS of Worksource’s decision on April 3. The mother asked for reconsideration, but the Board declined, writing that because the mother “repeatedly and recently expressed such deep dissatisfaction with our services to your son, the Board and I feel that you and [petitioner] would be better served by another agency . . . .” Thereafter, petitioner filed a complaint with the Office of Client and Legal Services alleging that his services had been terminated improperly and requesting that they remain in place pending the outcome of the investigation of his complaint. Because the New Hampshire Supreme Court concluded that the AAU’s ruling was not erroneous, it affirmed. View "Petition of Kyle Guillemette" on Justia Law

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At issue in this appeal was whether the district court lacked subject matter jurisdiction to consider Azar Webb’s 42 U.S.C. 1983 claim in the same lawsuit in which the court considered an appeal from a contested case under the Administrative Procedure Act (APA) and whether, as a result, the court lacked the authority to award Webb attorney fees. After the Nebraska Department of Health and Human Services (DHHS) ended Webb’s Medicaid benefits and denied his petition for reinstatement, Webb filed a claim in the district court under the APA for unlawful termination of Medicaid eligibility, adding a claim of violation of his federal rights under section 1983. The district court reversed DHHS’ decision and ordered reinstatement of Webb’s coverage and reimbursement of medical expenses that should have been covered. The court further found in favor of Webb as to his 1983 claim and enjoined DHHS officials from denying Webb Medicaid eligibility. The Supreme Court affirmed, holding that once the district court resolved Webb’s APA claim, the court had the authority to grant Webb relief under section 1983 and his request for attorney fees pursuant to 42 U.S.C. 1988. View "Webb v. Nebraska Department of Health & Human Services" on Justia Law

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The Supreme Court reversed the decision of the court of appeals affirming the denial of Defendant’s motion to suppress and remanded the cause to the circuit court with instructions to suppress the challenged evidence and vacate Defendant’s convictions, holding that the searches at issue violated the United States and Wisconsin constitutions. Defendant was convicted of possession of a controlled substance and bail jumping. In the circuit court, Defendant filed a motion to suppress, arguing that the law enforcement officer’s warrantless entry into her apartment was not justified under any of the exceptions to the Fourth Amendment’s warrant requirement, and therefore, the evidence obtained during the searches of her apartment and person should be suppressed. The circuit court denied the motion to suppress, concluding that the officer had consent to enter Defendant’s apartment and that exigent circumstances justified the officer’s pushing open the apartment door. The court of appeals affirmed. The Supreme Court reversed, holding (1) the officer did not have consent to enter Defendant’s apartment; and (2) exigent circumstances did not justify the officer’s opening Defendant’s apartment door. View "State v. Reed" on Justia Law