Six images (pasted-up into one) from a Powerpoint slide deck, posted as a PDF file at https://www.moed.uscourts.gov/sites/moed/files/documents/2023-05-11%20E.D.%20Mo.%208th%20circuit%20update%20FINAL.pdf SLIDE 1 - Supreme Court & Eighth Circuit Case Law Update By Nova D. Janssen, Assistant Federal Public Defender, Chief of Training & CJA Resource Counsel Federal Public Defender’s Office, N. & S. Districts Iowa (Des Moines) SLIDE 2 - Eighth Circuit Cases [with a photo of the court's chambers and a photo of its seal] SLIDE 3 - En banc US v. Stowell, 40 F.4th 882 (8 th Cir. July 25, 2022) No error in district court’s fact-finding that ACCA predicates occurred on “different occasions.” See also US v. Robinson, 43 F. 4th 892 (8th Cir. Aug. 9, 2022) (We note the Supreme Court recently decided Wooden v. United States, ––– U.S. ––––(2022), which Robinson suggests might change our analysis. It does not.) VACATED NOVEMBER 15; EN BANC ARG HELD APRIL 11, 2023 SLIDE 4 - US v. McCoy, 55 F.4th 658 (8 th Cir. Dec. 15, 2022) “Sexually explicit conduct” for purposes of § 2251(a) requires “lascivious exhibition of the genitals, anus, or public area of any person.” “Lascivious exhibition” = more than mere nudity. VACATED MARCH 10, 2023; EN BANC ARG (set) APRIL 11, 2023 SLIDE 5 - Guidelines US v. Bailey, 37 F.4th 467 (8th Cir. June 14, 2022) 4B1.2(b) contains “no requirement that the particular substance underlying the state offense is also controlled under [the CSA]” . . . the “ordinary meaning of ... ‘controlled substance,’ is any type of drug whose manufacture, possession, and use is regulated by law.” SLIDE 6 - ACCA US v. Perez, 46 F.4th 691 (8 th Cir. Aug. 18, 2022) “[T]he categorical approach requires comparison of the state drug schedule at the time of the prior state offense to the federal schedule at the time of the federal offense.” Iowa cocaine (2013) categorically overbroad (includes ioflupane) as ACCA predicate.

STUMBLED UPON: A "quote" from the decision of a CA8 panel in US v McCoy.

#appellatesky
#appellatebluesky
www.moed.uscourts.gov/sites/moed/f...

I've unfortunately spent most of my time on the Other Site, as all of the Degenerate Gamblers are over there. But I popped back on here to say #appellatebluesky, #appellatesky, or whatever we're calling it now should follow the developments on sports prediction markets.

#AppellateJobs
appellate.courts.ca.gov/district-cou...

#AppellateBluesky

Appellate math. Three judges. Four opinions.
media.ca11.uscourts.gov/opinions/pub...

#AppellateBluesky

Also, please forgive me #appellatebluesky, but I must dissent from the focus on appellate practice. My entire career I've been privileged to work on some of the most interesting cases that exist, including more than my share of appellate cases. The real fun is at the trial level.

Go watch the arguments. If you can’t get to your profs’ cases, watch OA somewhere. #appellatebluesky

Question for #appellatebluesky: If a federal court of appeals hands down a ruling in a criminal appeal in favor of the defendant a day before the defendant receives a presidential pardon, what happens to the opinion? Does it stay on the books? Can Munsingwear vacatur apply?

#appellatebluesky, #biglaw, #lawprofs, this one’s for you. A way to think, advocate, and teach in the coming years.

District courts quit scanning documents into the appellate record upside challenge #appellatebluesky #appellatetwitter #appeals

Two lawyers standing in front of a courthouse

A sign stating that the courthouse was “designated as a memorial to the Texans who served in the Confederacy.”

So proud of my colleagues at @latinojustice.bsky.social Norma Esquivel and Karen Muñoz Treviño who stepped into a courthouse dedicated to the Confederacy to argue before three Abbott-appointed judges and kicked ass.
#appellateplaces
#appellatetwitter
#appellatebluesky

So, are #appelatevalentines a thing over here?

#appellatesky
#appellatebluesky

Prepping for oral arguments, finding all of my typos.....
sigh. #appellateBlueSky #isthatarealhashtag

Serial Comma Case Alert!! Does an easement that gives a utility the right to "trim, cut and remove" vegetation allow the utility to use herbicides? Lower court said no. Ohio Supreme Court will decide. www.supremecourt.ohio.gov/Clerk/ecms/#... #legalwriting #appellatebluesky