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Civil Digest

Sep 13, 2021

Medicare Part B Coverage – Standing to Sue

Anniken Prosser suffers from an aggressive brain cancer called glioblastoma multiforme.

Sep 13, 2021

Sherman Act Violation – Failure to State Claim

This case is about the scrap metal recycling business—the collection and processing of ferrous (iron-based) and nonferrous metals.

Sep 13, 2021

Habeas Relief – Admissible Evidence

Twice, Petitioner Leonard Kidd voluntarily testified under oath that he murdered four people in January 1984.

Sep 13, 2021

Claim Preclusion

Peter Daza once worked for the Indiana Department of Transportation (INDOT), but he was fired in 2015.

Sep 13, 2021

Immigration – Removal Order

Cristian Avila de la Rosa received a procedurally defective Notice to Appear for his immigration removal proceedings, and (unlike many others) he made a timely objection to that Notice.

Sep 13, 2021

Foreclosure – Abstention Doctrine

Daniel and Margaret Loughran defaulted on their home mortgage in 2011.

Sep 13, 2021

Habeas Relief – Ineffective Assistance of Counsel

Petitioner Anthony Olvera was the driver in a gang-related, drive-by shooting that resulted in the death of an innocent bystander.

Sep 13, 2021

Sentencing Guidelines – Supervised Released

Defendant-appellant Joseph Canfield was sentenced to prison and supervised release for possessing child pornography.

Sep 13, 2021

Sentencing Guidelines – Enhancement

A jury convicted defendant-appellant Fernando Alvarez-Carvajal of conspiracy to distribute methamphetamine, marijuana, and heroin for his role in an interstate drug-trafficking operation.

Sep 13, 2021

Attorney Fees

In the aftermath of a serious collision between an ambulance and semi-truck, a question lingered: Who owned the ambulance?

Sep 13, 2021

Admissible Evidence – Other-acts Evidence

Chawan Lowe was found guilty of illegally possessing a firearm.

Sep 13, 2021

Sentencing Guidelines – Supervised Release

The defendant, Hunter D. Roush, pled guilty to transportation of child pornography, in violation of 18 U.S.C. § 2252A(a)(1) and (b)(1), and possession of child pornography, in violation of 18 U.S.C. § 2252A(a)(5)(B) and (b)(2).

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